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(영문) 인천지방법원 2017.06.14 2017고단2115
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Incheon District Court, and a summary order of KRW 2 million as a fine in the same court on December 29, 2016, respectively.

On March 12, 2017, at around 23:34, the Defendant driven a two-wheeled vehicle under the influence of alcohol content of about 0.075% while under the influence of alcohol at a section of about 1km from the roads in which the Song-dong, Incheon Metropolitan City B-wheeledow to the 18-1 double bridge distance from the transmission road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding statements made by the driver at the main place and inquiry about the result of crackdown;

1. Previous convictions in judgment: References to inquiries, reports on the unused previous convictions in disposition, and the application of summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he/she was punished twice for the same kind of crime, the defendant's responsibility is not exceptionally applied to the second offense.

However, the past records are punished by a fine, the amount of drinking alcohol of this case is low, the defendant is breaking his mistake in depth, the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as the sentence like the order.

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