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(영문) 인천지방법원 2017.03.22 2016고단8282
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

On October 30, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and a summary order of KRW 9 million as a fine in the same court on December 7, 2012.

On October 24, 2016, at around 20:00, the Defendant driven B Spo-type car under the influence of alcohol content of about 0.182% in the 5km section from the roads near the 1061 heat of the Incheon Bupyeong-gu to the roads in front of the convalescent hospital, to the same Gu-ro 246 new road.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The actual condition survey report, photographs, and report on the circumstances of the driver's license in the main place;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind) statute;

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. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished twice for the same kind of crime even though he had previously committed a second offense, and that the content of the crime is not good, such as the drinking volume of this case and driving distance, etc.

However, the previous records are relatively old punished by a fine, and the defendant is currently repenting of his mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking into account various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime.

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