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(영문) 인천지방법원 2017.10.13 2017고단5828
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2012, the Defendant received a summary order of a fine of two million won for a violation of road traffic law in the Gunsan Branch of the Jeonju District Court of Korea on October 15, 2012, and on April 11, 2016, the Defendant received a summary order of a fine of three million won or more for a violation of road traffic law at the Jeonju District Court of Korea on April 11, 2016.

On July 22, 2017, at around 00:15, the Defendant driven a B-type car under the influence of alcohol content of approximately 0.11% from a section of approximately 300 meters from the airport new city in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, to the roads of the 1st grade of Jung-gu, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and an investigation report (not less than twice a report on a drinking driver's previous offense);

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. 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once again driven alcohol while being subject to criminal punishment for drinking twice during the last five years.

The defendant has a record of criminal punishment of three times, including the two-time driving of drinking alcohol.

The result of drinking alcohol to the defendant is not that of the defendant.

Considering the social risk of drinking driving, the defendant's crime needs to be punished strictly.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

Defendant has yet to be aged and has a history of criminal punishment three times, but both constitutes a criminal offense of a fine and is subject to suspended execution.

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