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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1518
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

[criminal history] On August 28, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Western District Court on August 28, 2008, and on April 21, 2014, a fine of KRW 3 million for a crime of violating road traffic laws (drinking driving) from the Incheon District Court’s Busan District Court’s Branch Branch Branch.

[2] On June 18, 2017, around 07:15, the Defendant driven a vehicle B while under the influence of alcohol concentration of about 0.114% from the 7km section of the blood alcohol level to the 0.114% in front of the coast TG (Tolart) of the same city from the street side of the Yacheon-dong, Yacheon-dong, Chungcheongnam-si, Yacheon-dong, the Defendant: (a) driven the vehicle while under the influence of alcohol level of about 7km from the 7km section; (b)

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, notification of the results of crackdown on drinking driving, report on the circumstances of the driver of drinking, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (reports attached to the previous and summary order), application of summary order Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service need to be strictly punished for driving alcohol, and the degree of alcohol content in the blood of this case is 0.114%, and circumstances favorable to the fact that there are two times the records of punishment for the same crime: The recognition of and reflect on the crime, the fact that the driving of the instant drinking did not cause a traffic accident due to the driving of the instant drinking, and other various sentencing conditions as indicated in the records and theories of changes, such as the motive and circumstance of the crime, the means of the crime, and the circumstances after the crime, etc., shall be

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