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(영문) 인천지방법원 2018.03.29 2018고단174
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On February 9, 2007, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on February 9, 2007, and a summary order of 1 million won by a fine at the Incheon District Court on December 31, 2010 as a crime of violating the Road Traffic Act (drinking).

[2] Although the Defendant had been punished for drinking driving two or more times, the Defendant 1 driven Cran XG car at a two-km distance from the 23-way red door of Jung-gu Incheon Metropolitan Government to the flow distance from the 15-5-279% around December 2, 2017, while under the influence of alcohol level of 0.279% among blood transfusions on December 15:5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

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

1. Each photograph;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education lies in the occurrence of a traffic accident while driving under the influence of alcohol even though the defendant had been punished several times due to the crime of drinking, and the fact that the alcohol concentration in the blood of the defendant measured at the time of the crime was very high, etc. that are disadvantageous to the defendant, and the defendant does not repeat again, and the above traffic accident faces with the two-wheeled vehicle with the change of the vehicle line at the intersection, and the personal damage is expected to have occurred.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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