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(영문) 인천지방법원 2016.06.02 2016고단2411
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 23, 2006, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking), etc. at the Suwon District Court's House on February 23, 2006, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Sungnam branch's support on October 10, 2008, and the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Sungnam branch's site level on March 27, 2013.

Although the Defendant had had a history of driving alcohol twice or more as above, on February 27, 2016, while under the influence of 0.152% of alcohol concentration among blood, the Defendant driven Cschtonton car on a condition of 0.152%, and continued 30 meters from the end of the month of the Namdong-gu Incheon, Namdong-gu, Incheon, to drive the Csch Rexton car on a condition of 0.152% of alcohol concentration, and subsequently, from the end of the month of the Namdong-gu, Incheon to the end of the 70-day motor vehicle industry.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Copy of a drinking control Stick;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions and summary orders attached thereto), judgments attached thereto, and copies of summary orders applicable thereto;

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 53 and Article 55 (1) 3 of the Criminal Act (including cases where he/she repents his/her mistake late, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing specified below;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attending, even though the Defendant had three times of criminal records of the same kind of crime, has not yet passed since the expiration of the period of suspension of execution due to the same kind of crime, and thus, the quality of the crime is extremely poor. However, it does not reach a violation of other traffic-related Acts and subordinate statutes, the driving distance is relatively short of 30 meters, and the Defendant repents his mistake late through the prison life for a considerable period of time.

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