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(영문) 인천지방법원 2017.12.13 2017고단7380
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on August 29, 201, and a summary order of KRW 5 million as a fine in the same court on April 17, 2014.

On October 2, 2017, around 00:07, the Defendant driven a motor vehicle from the Seo-gu Incheon Seo-dong to the 485 Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju roporo to the 485 Gollero, while under the influence of alcohol leveling 0.086% of alcohol level in the 3km section of approximately 0.086%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on arrest and a statement in the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was two times the same power as that of the defendant, but the defendant's responsibility is less than that of re-offending.

However, the past records are punished by a fine, and there is no record of crime exceeding a fine, and the amount of drinking of this case is not high, the defendant's mistake is currently divided in depth, the defendant is making it difficult for the defendant to maintain his/her livelihood, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the sentence in consideration of various sentencing conditions shown in the arguments of this case.

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