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(영문) 인천지방법원 2018.02.09 2017고단8560
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 20, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Incheon District Court on February 20, 201, and on September 9, 2016, a person who had a record of driving alcohol at least twice after receiving a summary order of KRW 2 million as a fine for the same crime at the same court.

On October 23, 2017, at around 02:30, the Defendant operated BH10 motor bicycle devices under the influence of alcohol content of about 0.095% from the front entrance of the 202 East-ro, Seo-gu, Incheon, Seo-gu, Incheon, to the front front of the foregoing apartment waste separation and removal site.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the previous conviction in the same case and attachment of each summary order);

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 suspended execution;

1. To comprehensively consider all the circumstances, such as drinking water, the observation of protection, the community service order, the community service order, the circumstance unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act (the fact that the person who was punished for the same offense was repeated twice, etc.), favorable circumstances (the fact that the person committed a crime is against the other person, and the driving distance is relatively short) and the numerical value of drinking in this case, the interval between the criminal defendant's age, sexual behavior, environment, circumstances leading to the crime, motive, etc., and the circumstances after the crime, etc., and determine the punishment as ordered.

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