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(영문) 인천지방법원 부천지원 2017.05.12 2017고단628
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

【Power of crime】 On March 30, 201, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on March 30, 201, and a summary order of three million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 6, 2011, respectively.

【Defendant Inasmuch as he had had the alcohol driving force twice or more, Defendant 1 driven B rocketing car in the state of alcohol alcohol concentration of approximately 0.166% from the front side of “theme hotel” in Bupyeong-si, Seocheon-si, Gyeonggi-do to the front side of the same city from February 28, 2017 to the 69:47.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order include the fact that the defendant is against his mistake, the fact that there is no record of punishment exceeding the fine, the fact that the defendant has been punished for the same kind of crime twice by the defendant, and the fact that the alcohol content in blood is higher than 0.166%, etc. are considered in consideration of various sentencing conditions in the process of the argument of this case, and the sentence like the order is determined by taking account of various sentencing conditions in the process of the argument of this case.

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