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(영문) 인천지방법원 2018.03.21 2018고단230
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2007, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and on April 2, 2013, the Defendant received a summary order of KRW 1,00,000 from the Incheon District Court to the same crime and received a summary order of KRW 1,00,000 as a fine for the same crime on at least

On January 7, 2018, at around 22:06, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.098% from the 2km section of approximately 2km to around 420,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions indicated in judgment: Investigation report (reports on the previous convictions of the same type), copy of summary order, and application of two Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions specified in the instant trial process, such as Defendant’s age, sexual behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no past record of punishment of imprisonment without prison labor or heavier punishment.

The alcohol concentration in blood shall not exceed 0.1%.

D. Unfavorable circumstances: The crime of this case is likely to be committed again despite having been punished for the same kind of crime several times.

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