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(영문) 인천지방법원 부천지원 2017.10.20 2017고단2045
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 24, 2006, the Defendant issued a summary order of a fine of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on March 19, 2012, and a fine of KRW 10,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 17, 201, and on March 17, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months.

On August 22, 2017, the Defendant driven B K5 cars while under the influence of alcohol leveling of 0.177% in alcohol level from the front day of the Non-Dong-dong Non-dong, Seocheon-si to the front day of the flow distance within Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of the case, a notice of the result of regulating drinking driving and a statement in the circumstances of the driver of drinking;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the confirmation of the previous history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of volume: (a) there is a need for strict punishment in light of the risk of driving alcohol; (b) the concentration of alcohol in the blood transfusion of this case is 0.177% and is considerably high; (c) three times and one time of the three times and the one time of suspended execution are sentenced to suspended sentence; (d) recognition of and reflects on crimes; (e) traffic accidents have not occurred; and (e) various kinds of conditions of punishment as indicated in the records and changes, such as the motive and background of the crime, means of the crime; and (e) circumstances after the crime, etc., the sentence is determined as indicated in the order.

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