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(영문) 인천지방법원 부천지원 2017.07.07 2017고단984
도로교통법위반(음주운전)등
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

On August 5, 2011, the Defendant was sentenced to a fine of KRW 2,50,000 as a fine for a crime of driving the drinking traffic law in the Incheon District Court Branch of Incheon District Court on November 6, 201, a fine of KRW 4 million as the same crime in the same court on November 6, 2013, and a fine of KRW 7 million as the same crime in the same court on May 6, 2015, respectively.

Nevertheless, on April 20, 2017, the Defendant driven B automobiles under the influence of alcohol concentration of 0.088% in blood without the driver’s license on the section from around 22:20 to around 00,000 to the road in front of the interest day in both neighboring Eup in Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the detection and reporting of suspects, such as violations of traffic laws on roads, reports on the circumstances of drivers of alcohol, reports on the situations of drivers of alcohol, and inquiries about the results of regulating driving of alcohol;

1. Report on the circumstances of driving without a license;

1. Investigative into the ledger of driver's licenses, tea inquiries, mandatory insurance inquiries, and inquiries into the disqualifications of the main office;

1. Previous convictions: Inquiry of criminal history, confirmation of minor convictions and reporting of minor convictions, and application of statutes of a summary order;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is a need for a strict punishment for driving of drinking, the fact that there is three favorable circumstances that there is the history of punishment for the same kind of crime: The fact that there is no record of being sentenced to a suspended sentence or a heavier punishment, the fact that there is no traffic accident, and the fact that there is no traffic accident, the punishment as the order shall be determined by taking into account the various conditions of sentencing as shown in the records and theories of changes, such as blood alcohol concentration in blood, the background of the crime, the means of the crime, and the circumstances

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