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(영문) 인천지방법원 부천지원 2017.11.15 2017고단2264
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 October 16, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking), a summary order of KRW 1.5 million for a crime of violating road traffic laws in the same court on April 30, 2010, and a summary order of KRW 7 million for a crime of violating road traffic laws (drinking) in the same court on October 4, 2013, respectively.

[Criminal facts] On September 14, 2017, around 06:00, the Defendant driven B-kn motor vehicle under the influence of alcohol concentration of about 0.069% in the 2km section from around the 67 km-dong in the Central Central District of Seocheon-si to the roads front of the hotel in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances and the reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, community service order, community service order, and order to attend a lecture, alcohol density during blood, driving distance, the age, occupation, sex, family relation, living environment, circumstances leading to the crime, and the circumstances after the crime, etc.

- Drinking driving is highly dangerous and harmful to their risk and requires strict punishment as it is reasonable.

- The Defendant, as stated in its reasoning, has been punished by a fine on several occasions due to drinking, but has been making a drinking again without being aware of it.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- There is no past record of the criminal defendant being sentenced to suspended execution or more.

- - To drink on the preceding day.

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