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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1683
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 Records of Crimes】 On October 29, 2007, the Defendant received a summary order of KRW 2.5 million from the Seoul Southern District Court to a fine of KRW 2.5 million for a crime of violating road traffic laws, and on May 20, 201, the Incheon District Court received a summary order of KRW 2.5 million for a crime of violating road traffic laws (drinking) at the Incheon District Court.

【Criminal facts” From July 11, 2017 on the road where it is impossible to ascertain the long-term route of Kimpo-si around 22:08, the Defendant driven Bran XG automobiles while under the influence of alcohol content of about 0.08% in blood at approximately 700 meters in front of the low-term road of Kimpo-si, Kimpo-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) considering the favorable circumstances that the Defendant committed the instant crime in spite of the fact that the Defendant had been punished twice due to drinking driving; and (b) taking into account the fact that the Defendant’s mistake is against himself/herself; and (c) having no record of having been punished by a fine or more so far; and (d) taking into account the various conditions of sentencing specified in the pleadings of the instant case, the sentence identical to the order shall be determined by taking into account.

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