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(영문) 인천지방법원 부천지원 2018.08.17 2018고단1544
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

On April 5, 2013, the Defendant received a fine of KRW 600,00,00 from the Seoul Southern District Court on April 5, 2013 as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 700,00,00 from the Seoul Southern District Court on July 7, 2006 as a crime of violating the Road Traffic Act (drinking driving).

The Defendant, as above, has violated the drinking prohibition regulations twice or more, driven Ck5 cars under the influence of alcohol content of about 0.072% at the direction of the entrance of the 2nd association of Kimpo-si, Kimpo-si from the shooting distance of the inspection team located in the king-dong, Incheon Metropolitan City on March 20, 2018 to the front of the entrance of the 2nd association located in the Ganpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions: inquiry about criminal history, previous convictions not subject to disposition, and application of Acts and subordinate statutes of the same kind;

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 (The following sentencing shall be considered in light of the favorable circumstances in consideration of the amount of punishment):

1. Article 62 (1) of the Criminal Act on the stay of execution. Article 62 (1) of the Criminal Act on the condition that the following sentencing is favorable;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant again committed the crime of driving drinking of this case under the same force is the reason for sentencing that is not good for the defendant.

However, the defendant reflects the mistake, the motive and circumstance of the drinking driving of this case, the degree of alcohol content in blood transfusions, operating time, contents and frequency of the same criminal records, circumstances after the crime, the age, sexual conduct, family relationship, economic circumstances, etc. shall be determined as ordered by comprehensively taking into account the various factors of sentencing as shown in the trial of this case.

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