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(영문) 인천지방법원 2017.11.17 2017고단6374
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 6 million as a crime of violating the Road Traffic Act at the Seoul Northern District Court on February 22, 2013.

On August 14, 2017, at around 03:10, the Defendant driven a DNA car while under the influence of alcohol concentration of 0.166% in the 10-meter section of the Love-ro 22-ro, Incheon Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry letter, investigation report (Attachment to the judgment attached to the same type of crime), such as criminal history;

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

1. To comprehensively consider all the circumstances revealed in the instant case, such as drinking volume of the instant case, drinking distance, time distance from the same type of punishment, Defendant’s previous (e.g., past (e., past) criminal records, age, sex behavior, environment, circumstances leading to the crime, motive, etc., and circumstances after the crime, etc. (including the past records of punishment for the same type of crime (including the suspension of execution and the past records of punishment)), favorable circumstances [the fact that the crime is recognized and the driving distance is relatively short, etc.], and other factors that are the conditions for the punishment in the instant case, such as the circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act (including the suspension of execution and the past records of punishment).

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