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(영문) 인천지방법원 2018.01.12 2017고단7322
도로교통법위반(음주운전)
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

【The Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on October 12, 2006. On May 14, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) at the Jung-gu District Court on May 14, 2007. On September 29, 201, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on September 29, 201.

【Criminal facts” around July 15, 2017, the Defendant driven a D BB X-6 vehicle while under the influence of alcohol concentration of 0.083% in blood on the front of the Yeonsu-gu Incheon National Police Agency 3-7 Korea Coast Guard.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. The circumstantial statement report on the driver involved in driving, the results of appraisal, the notification of the results of crackdown on the driving of drinking, and the report on detection of the driver involved in driving (digitalized documents);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include three times criminal punishment due to drinking driving as stated in the judgment, as well as 12 times criminal punishment.

In addition, on November 9, 2007, the defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor due to a violation of the Road Traffic Act (refluence of drinking), and was punished for non-licensed driving on 3 occasions.

In light of these punishment records, there is a doubt that the defendant does not have any intention to comply with the traffic laws and regulations.

The driving of drinking alcohol;

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