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(영문) 인천지방법원 2017.01.18 2016고단6988
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 23, 2014, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Incheon District Court on June 23, 2014, and on April 29, 2015, the Defendant was sentenced to imprisonment for six months and two years of suspended execution due to a crime of violating the Road Traffic Act (drinking) at the same court on April 29, 2015, and is still under suspended execution.

On August 23, 2016, the Defendant driven D K5 automobiles under the influence of alcohol with alcohol content of 0.164% in an insular section from around 08:00 to the roads under the old New Changdong 1110, 1110.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, reporting on the result of a previous conviction before the disposition, and applying Acts and subordinate statutes to investigation reports (the confirmation of the same type

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. It is inevitable to sentence the Defendant to a sentence, taking into account the following factors: (a) the Defendant had twice the record of the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the recidivism during the suspended execution period for the same kind of crime; and (c) the instant drinking volume is considerable; and (d) the sentence is inevitable.

However, it appears that the defendant seems to be in depth against the defendant, that the defendant's branch wants the defendant's wife against the defendant, and all other factors of sentencing shall be determined by taking into account all the factors of sentencing as ordered.

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