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(영문) 인천지방법원 2018.04.11 2017고단9419
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 November 13, 2017, the Defendant, while under the influence of alcohol content of approximately 0.137% during blood transfusion, driven a C rocketing car owned by the Defendant Company B at the 10km section of approximately 10km from the front of the trade name in the repair on the roadside of Incheon-gun, to the front of the alpurgian crew of Incheon-gun, to the front of the alpurgian road located on the street of Incheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education is a case where the defendant drives a vehicle while under the influence of alcohol of 0.137%, and the crime of this case is not less narrowly than that of the defendant. The defendant had been subject to criminal punishment four times prior to the crime of this case even though he had the record of criminal punishment for the same crime, the amount of alcohol concentration in the blood was relatively high by 0.137% at the time of detection, and the distance of driving under the influence of alcohol is considerably long distance with 10km, driving under the influence of alcohol is highly dangerous, and thus, there is a need to strictly punish the defendant.

On the other hand, the defendant was sentenced to a fine prior to around 2004, which was committed by the defendant when committing the crime of this case, and both of the same criminal records were punished by a fine prior to around 2004, and there was no criminal record of the same kind for not more than 10 years, and the person who was the defendant wanted to have the person who was the defendant's prior to the crime of this case, and

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors, the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, etc., the sentence as ordered.

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