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(영문) 인천지방법원 2013.06.12 2013고단893
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On April 2, 2008, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, etc. at the Incheon District Court’s Branch Branch on April 2, 2008, and on May 10, 2010, at the Incheon District Court, the Defendant has the same criminal records as the Defendant was sentenced to a suspended sentence of two years for six months.

【Criminal Facts of Crimes】 On February 1, 2013, at around 00:15, the Defendant driven a Bppppppp motor vehicle under the influence of alcohol with approximately 4km alcohol concentration of about 0.126% from the 00:21st day of the same day from the Yacheon-dong Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon to the front road of the Seocheon-gu 149-6 Western Gas charging Station.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Although the reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation has favorable conditions, such as the fact that the defendant acknowledges and reflects his mistake, the defendant again commits the instant crime even though he was punished by a fine through multiple times due to a drunk driving, a suspended sentence of imprisonment, etc., and the fact that the amount of alcohol content of the instant blood alcohol is high and driving is not short, and all of the sentencing conditions, such as the defendant’s age, character and behavior, family environment, etc., are considered.

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