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(영문) 인천지방법원 2017.12.15 2017고단7386
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

On July 24, 2008, the Defendant was notified of a summary order of a fine of one million won or more due to a violation of the Road Traffic Act (drinking driving), and a fine of two hundred and five hundred thousand won due to a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on September 6, 2011, and on September 19, 2017, the Defendant filed a request for a summary order with the Incheon District Court for a crime of violation of the Road Traffic Act (drinking driving) (drawing driving) on September 8, 201, the summary order of five million won or more as of December 5, 201 with the Incheon District Court 2017 High Court 20,000,000 won or more, and the Defendant mainly violated Article 44(1) of the Road Traffic Act from 20,000 to 25,000 square meters above the Incheon High Court 20,500-36, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, confirmation of the same kind of force (written indictment and attachment of each summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 order and the comprehensive consideration of all other circumstances revealed in the instant case, such as the Defendant’s age, sex, home environment, background and motive leading up to the crime, and circumstances after the crime, etc., are considered as follows: (a) the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act (the fact that there was two times of punishment for the same type of crime; and (b) the fact that a request for a summary order was made on September 19, 2017 due to the self-driving of drinking, etc. on September 8, 2017, etc.); (c) the favorable circumstances (the fact that the instant numerical drinking is relatively high; and (d) the instant numerical drinking is not relatively high; and (e) the Defendant’s age, sex, home environment, circumstances leading to the crime, and circumstances after the crime.

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