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(영문) 인천지방법원 2018.11.28 2018고단7397
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 November 10, 2014, the Defendant was sentenced to a fine of KRW 1.5 million by the same court as a crime of violating the Road Traffic Act (driving), and on August 26, 2016, the same court was sentenced to a fine of KRW 4 million by the same court as a crime of violating the Road Traffic Act (driving).

On October 5, 2018, the Defendant was sentenced to a suspended sentence of four months for a violation of the Creation and Management of Forest Resources Act at the Incheon District Court, and the said judgment became final and conclusive on October 13, 2018.

[2] The Defendant was a person who had the power to drive a motor vehicle, etc. more than twice under the influence of alcohol as indicated in the above crime record, and driven a G non-stop vehicle with approximately 300 meters alcohol concentration from the road front of the D convenience store located in Jung-gu Incheon Metropolitan City around September 13, 2018 to the F. in the same Gu, around 13:10 on September 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions as indicated in the judgment: Investigation report (the previous and summary order filing), summary order (the Incheon District Court 2016 High Court 2016 High Court 18106 High Court 201), summary order (the highest court 2004 High Court 2014 High Court 20004 High Court ), investigation report (the confirmation of a final judgment after committing a crime), and text of the judgment (the Incheon District Court 2018 High Court 5515 High Court 2015);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. In full view of the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, following the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions as indicated in the trial process of this case shall be determined as ordered.

The defendant shall make a confession of the crime of this case.

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