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(영문) 인천지방법원 2017.05.11 2017고단1255
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 February 19, 2008, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 19, 2008, and a fine of 3 million won for the same crime at the same court on January 8, 2015, respectively.

On February 1, 2017, while under the influence of alcohol content of 0.080% among blood transfusions, the Defendant driven a C-car at the section of approximately 100 meters from the Do in front of the restaurant of “Gu-water pent” located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, to the front of the Cheongdo-ro 66, Seo-gu, Seo-gu, Seo-gu, Incheon.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend: The defendant recognized the crime of this case and committed the crime of this case four times more favorable to the defendant: The defendant has no record of being punished in excess of the fine, the drinking amount has not been high, and the defendant's age, sexual behavior, environment, means and result of the crime, the circumstances after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, method and result of the crime.

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