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(영문) 인천지방법원 2017.08.30 2017고단4219
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 August 6, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Incheon District Court, and on June 27, 2012, the Incheon District Court issued a fine of KRW 4 million as a crime of violating the Road Traffic Act.

On May 24, 2017, the Defendant, while under the influence of alcohol 0.090% from blood alcohol during the influence of around 23:58 on May 24, 2017, Cheongdo, located in the south-gu, Incheon, in the front side of the tin shooting distance, Cheongdo, located in 813-9, as the front side of the gas station in Incheon, went through about 300 meters from May 24, 201 to the front road of the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (verifications on two occasions the driving force of suspect drinking), and the application of Acts and subordinate statutes attached thereto;

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 (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that the Defendant, in spite of the past criminal records of two times and several times of violating the Road Traffic Act, driving a motor vehicle under the influence of alcohol, and the nature of the crime in the instant crime is not less than that of violating other traffic-related Acts and subordinate statutes, but the degree of alcohol concentration in the blood was not relatively high, and the driving distance was relatively short, and the driving distance was also relatively short, and the Defendant did not repeat the crime, such as the Defendant’s age, sex, environment, family relationship, etc.

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