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(영문) 인천지방법원 2017.05.17 2017고단1105
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

[criminal history] On February 12, 2007, the Defendant received a summary order of KRW 4 million from a fine of KRW 1 million due to a violation of road traffic law (driving), etc. at the Incheon District Court. On October 14, 2010, the Defendant received a summary order of KRW 6 million from a fine of KRW 1 million due to a violation of road traffic law (driving of alcohol) at the Incheon District Court.

[Criminal facts] On January 15, 2017, the Defendant driven C QM6 car while under the influence of alcohol content of about 0.180% in blood at around 11:20 on the front side of the Nam-gu Incheon Metropolitan City, Nam-gu B.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of the case, on-site photographs, and a statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions);

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 (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. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act has twice the same power and that the defendant has been punished for driving without a license, but his/her responsibility is relatively high in drinking water of this case, etc., the defendant's responsibility is not minor.

However, while the defendant deducteds his own vehicle parked in the situation where the preceding day had not been resolved, the circumstances leading up to this case, etc., the driving distance of this case is very short, and the previous power was punished by a fine for a relatively long time, the defendant's mistake in depth is currently divided, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the age, sex, environment, motive, means and consequence of the crime.

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