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(영문) 인천지방법원 2017.09.22 2017고단5797
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

On October 26, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law (drinking driving) with respect to the support of the Suwon Friwon method and the summary order of KRW 3 million for the same crime at the Incheon District Court on September 8, 2008.

On June 26, 2017, at around 02:07, the Defendant driven B-low-water volume with approximately 0.127% alcohol concentration in blood from around 500 meters away from the front road of the "Korean Postal Administration, 942" to the Southern-gu Incheon Metropolitan City Poppy Poppy, to the front road of the 12-Yanpo-gu fishing market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

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. 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 court shall comprehensively take into account all the circumstances revealed in the instant case, such as drinking volume of the instant case, drinking distance, driving distance, Defendant’s age, sexual conduct, environment, background leading to the crime, motive, etc., and the circumstances after the crime, etc., such as the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act (the fact that a person was punished for the same offense, even if the person was punished for the same offense two times, causing traffic accidents by repeating the same offense), favorable circumstances (the fact that there is no record of crime exceeding the fine (the fact that there is no record of criminal punishment since 2009)) and other factors, such as the following:

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