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(영문) 인천지방법원 부천지원 2018.02.02 2017고단2912
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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] On February 19, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 19, 2008, and a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on October 21, 2009.

[2] On November 21, 2017, the Defendant driven B K7 cars under the influence of alcohol leveling 0.115% from the 3km section of blood alcohol level to the front road of the apartment apartment house located in the north of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, around 22:02, around November 21, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (main driver's circumstantial report) and investigation report (Attachment to a report on alcohol alcohol during blood);

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. A written appraisal of alcohol during blood;

1. Making teas;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of suspect's history of punishment for driving drinking), and application of a copy of an order for summary issuance;

1. Relevant legal provisions and Articles 149-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the order to attend a lecture or the order to provide community service needs to be strictly punished in light of the risk of drinking driving, the circumstances favorable to the fact that the person who has been sentenced to a fine for the same kind of crime is driving the drinking of this case two times, even though there are two times the records of punishment for the same crime: The fact that there is no record of criminal punishment heavier than the suspension of execution, the fact that there is no record of criminal punishment heavier than the suspension of execution, and other various sentencing conditions shown in the records and arguments, such as the motive and circumstance of the crime

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