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(영문) 인천지방법원 2017.09.01 2017고단5048
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 26, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jeju District Court on March 26, 201, and on June 9, 2010, the same court issued a summary order of KRW 3 million for the same crime, etc. on at least two occasions and violated Article 44(1) of the Road Traffic Act.

On June 22, 2017, at around 23:13, the Defendant driven a bridge shot Lari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written appraisal of alcohol during blood;

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

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. In order to comprehensively consider all the circumstances, such as drinking volume of the instant case, drinking distance, driving distance, Defendant’s age, sexual conduct, environment, circumstances leading to the commission of the crime, etc., and the reason for the sentencing of Article 62-2 of the Criminal Act (the fact that a person has been punished for drinking and driving without a license despite the majority of the past records), favorable circumstances (the fact that a person has committed an offense and has no record of crime exceeding the fine for about 10 years, etc.) and other circumstances, which are the conditions for the sentencing revealed in the instant case, such as the following: (a) the drinking volume of the instant case; (b) the distance from time to time to the same punishment; (c) the period of time to

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