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(영문) 인천지방법원 2017.12.22 2017고단8209
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] The defendant was issued a summary order of KRW 700,000 by the Incheon District Court on April 22, 2009 by violating the Road Traffic Act (drinking driving), and on June 25, 2010 by the same court, a summary order of KRW 2 million was issued by the same court as the same crime.

[Criminal Facts] On November 2, 2017, around 23:15, the Defendant driven a B-ri-ri car owned by the Defendant under the influence of alcohol content 0.138% from approximately 1.5km away from the front side of the sublime sublime of the Nam-gu Incheon Metropolitan City, to the front side of the 379 Man-gu, Nam-gu, Incheon Metropolitan City to the front side of the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A response to a request for appraisal (a written appraisal of alcohol during blood);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and 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 order of punishment shall be determined by comprehensively taking into account all the circumstances revealed in the instant case, such as drinking alcohol, the observation of protection and community service order, the community service order, the condition unfavorable to the punishment of Article 62-2 of the Criminal Act (the same type of crime committed again even if the record of punishment was twice the same offense, etc.), favorable circumstances (the fact that the crime is recognized and reflected, and there is no record of crime exceeding the fine, etc.) and other circumstances, such as the distance between the previous record of the same punishment, driving distance, the age, the criminal defendant's age, sexual behavior, the environment, circumstances leading to the crime, and the circumstances after the crime, etc.

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