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(영문) 인천지방법원 부천지원 2018.01.10 2017고단2645
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 4, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and on July 26, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court Branch Branch Branch of the Incheon District Court.

In addition, on April 1, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court's Branch Branch on April 1, 2015, and was released on August 13, 2016, and the parole period expired on September 29, 2016.

[2] On October 14, 2017, around 23:30, the Defendant: (a) driven a car while under the influence of alcohol leveling about about 100 meters from the light village near the Seoyang-gu Seodong-dong, Seoyang-gu; (b) to the front road of the “Tho-dong,” located in 1058, Seodong-dong 1058, Seodong-dong, Seoyang-gu, Seodong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the period of suspect, repeated crime period and confirmation of the same kind of crime);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. For the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances, such as the degree of alcohol level, driving distance, the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

- The Defendant was driving under the influence of alcohol without being able to do so during the period of double-class repeated crimes.

-be punished for a fine of three times due to drinking driving.

- Drinking driving is highly dangerous and socially harmful, so it is necessary to punish it strictly.

- The attitude of recognizing and reflecting the mistake is shown.

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