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(영문) 인천지방법원 2018.01.19 2017고단8680
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

[criminal history] On February 19, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 19, 2008, and on June 14, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[2] On September 25, 2017, the Defendant driven D 7 vehicles at approximately 2.5km from the front side of the Yeonsu-gu Incheon apartment in Yeonsu-dong 925-7, Yeonsu-gu, Incheon, to the long distance from the new training calendar in the same Gu, while under the influence of alcohol with a blood alcohol concentration of 00:14% at around 00:0 on September 25, 2017.

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 written inquiry, such as criminal history, and 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. The sentence is determined as ordered by comprehensively taking into account all the circumstances, such as drinking volume of this case, drinking distance, driving distance, Defendant’s age, sexual behavior, environment, circumstances leading to the crime, motive or motive leading to the crime, etc., which are revealed in the instant case, including the following circumstances, such as the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act (the fact that, despite the fact that the person was punished for the same type of crime two times, the person committed a second offense and caused a traffic accident), favorable circumstances (the fact that the criminal act was denied during the investigation process, but the person denied the crime at the latest later time during the investigation process, and there was no record of the crime exceeding the fine) and other factors, such as the following factors.

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