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(영문) 인천지방법원 2018.01.31 2017고단8334
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 January 4, 2008, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Incheon District Court on January 4, 2008, and a summary order of KRW 3 million as a fine by the same court on July 3, 2008.

On October 11, 2017, the Defendant, even though he had had a history of driving alcohol twice or more as above, driven B rocketing vehicles under the influence of alcohol concentration of 0.185% during the blood transfusion, and proceeded with approximately 900 meters for the front road of the 353th strengthening branch office of the 353th strengthening Eup of Incheon, according to the strengthening of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry, a criminal investigation report (Attachment of the summary order attached to the same type of power), and a copy of the summary order attached 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 (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the lecture are as follows: (a) although the Defendant had a large number of criminal records of violating the Road Traffic Act including the four-time criminal records, it is not good to commit the instant crime in which the Defendant driven a motor vehicle under the influence of alcohol; (b) however, the Defendant was driving a motor vehicle by making a judgment after drinking the cryp of the cryp of the cryp of the cryp, but the Defendant did not directly pass the motor vehicle after drinking the cryp of the cryp of the cryp of the crypiane; (c) there was no violation of other traffic-related Acts and subordinate statutes; (d) there was a violation of other traffic-related Acts and subordinate statutes for about nine (9) years

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