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(영문) 인천지방법원 부천지원 2018.01.11 2017고단2772
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 19, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on November 19, 2008, and a summary order of KRW 5 million for the same crime in the same support on October 30, 2013, respectively.

[Criminal facts] On November 13, 2017, the Defendant driven B low-water car while under the influence of alcohol from approximately 50 meters to about 0.151% of alcohol content on the front of the gallon 4 gallon Do-dong, Seocheon-si, Seocheon-si to the 117 o-dong, Dong-dong, Dong-dong, to the front road of about 64 o-dong, Dong-dong, Dong-dong, Dong-dong, 117 at the same time.

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 in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 punishment as ordered shall be determined in consideration of the circumstances, such as the fact that the defendant with the reason for sentencing under Article 62-2 of the Criminal Act is twice a fine, etc., taking into account the fact that the same alcohol record is reflected in the defendant, the degree of alcohol concentration during blood, the circumstances leading to driving of alcohol, etc.;

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