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(영문) 인천지방법원 2018.01.24 2017고단8486
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

[criminal history] On May 30, 2008, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating road traffic law in the Incheon District Court's Busan District Court's Branch, and was sentenced to a suspended sentence of two years for August of 201 due to a violation of road traffic law (driving alcohol) in the support for the development of the source method of water sources on December 27, 2012.

[Criminal facts] On October 15, 2017, the Defendant driven a B-hurged vehicle under the influence of alcohol content of approximately 0.057% among blood while under the influence of alcohol at approximately 5km from the 5km section to the 342-0 front road of the Sinsi-gu, Ansan-si, a member of Ansan-si, to the end of the 342-0-0 of Sinsi.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of arrest reports, reports on the circumstances of drinking and restrictions on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the judgment);

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

1. Article 62-2 of the Criminal Act provides that the defendant with the same record of sentencing three times and one of them is punished as a suspended sentence, but the defendant's responsibility is not less than that of re-offending.

However, the past records are old or not long, and there is no criminal history that exceeds the fine for the defendant, other than the recent years, and the circumstances leading to the case, such as driving in the state in which the well-being of the preceding day was not resolved, and the drinking volume of this case is low, and the defendant is currently breaking his mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the argument of this case, such as the circumstances after the crime, etc.

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