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(영문) 인천지방법원 2018.11.02 2018고단6794
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 26, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a violation of the Road Traffic Act (driving), and on December 27, 2007, the Defendant was sentenced to a fine of KRW 2 million by the same court as a crime of violation of the Road Traffic Act (driving).

[2] Although Defendant 1 had been able to violate the prohibition of driving under the influence of alcohol more than twice, Defendant 2 driven Bone Star Cargo at around 10:32, August 12, 2018, under the influence of alcohol 0.190% of alcohol concentration in blood at approximately 3km from the post office located in the vicinity of both Eup in Gyeonggi-si, Kimpo-si to the front distance of 6894, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking driving, is likely to debris the crime of this case again.

The drinking volume of the defendant has reached a considerable level. The defendant caused an accident that gets off the center line while driving.

However, the defendant has led to the confession of the crime and the mistake.

The last punishment of drinking driving is the light of 2007.

The defendant's vehicle did not cause any other damage except the damaged vehicle.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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