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(영문) 인천지방법원 2018.04.25 2018고단488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 7, 2018, at around 22:47, the Defendant driven B liquid vehicles under the influence of alcohol with approximately 2km alcohol concentration of 0.122% from the section of approximately 2km from the influence of Incheon Gyeyang-gu, Incheon to the 744-ro 17 new apartment, as it was in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. The crime of this case on the grounds of the pertinent Article of the Act and Articles 148-2(2)2 and 44(1) of the Road Traffic Act regarding criminal facts, the crime of this case on the grounds of sentencing of sentence of imprisonment, is a case where the defendant drives a vehicle under the influence of alcohol with a alcohol content of 0.122%. The defendant has a history of having already been subject to criminal punishment several times for the same crime, and on March 23, 2015, the defendant was sentenced to a suspended sentence of one year for a violation of Road Traffic Act (Refusal of measurement) at the Incheon District Court's Busan Branch Branch of the Incheon District Court sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (remark of drinking), and the crime of this case was committed after the lapse of the suspended sentence, and the amount of alcohol content among blood at the time of detection is not lower than 0.122%, and it is necessary to punish the defendant with a high degree of risk and injury to another person's life or property.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the wrongness, that does not cause a traffic accident that causes human and material damage, other than drinking driving, and that the defendant does not drive drinking again, is more favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

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