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(영문) 인천지방법원 부천지원 2017.10.19 2017고단2055
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] The defendant was issued a summary order of KRW 1 million on April 8, 2005 to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act in the Incheon District Court Branch of the Incheon District Court on April 8, 2005; on June 9, 2008, the summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Seoul Western District Court on June 9, 2008; on April 6, 2010, the summary order of KRW 2,00,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court Branch of the Incheon District Court on April 24, 201; and on September 25, 2014, the defendant was punished by imprisonment with prison labor for a violation of the Road Traffic Act (drinking) at the Incheon District Court Branch of the Incheon District Court on September 25, 2014.

[2] On July 22, 2017, around 23:23, the Defendant driven a B-hand car in the state of alcohol alcohol with approximately 300 meters alcohol concentration at approximately 0.183% from the 300-meter section from the roads near the alley of Gangseo-gu Seoul Metropolitan Government Office to the same 403-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order, etc. of the same kind of power);

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as shown in the criminal records indicated in the Defendant’s judgment, taking into account the unfavorable circumstances, such as the fact that drinking power is high and the blood alcohol concentration is high, and considering all the circumstances such as the reflection of the circumstances, driving circumstances, and driving distance.

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