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(영문) 인천지방법원 2017.12.15 2017고단6803
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

On January 11, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court and KRW 5 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 3, 2014.

On September 5, 2017, the Defendant driven a Bpter II cargo vehicle under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.173% from around 13:50 square meters from Bupyeong-dong, Incheon Bupyeong-gu to the north-ro 108, 108, North Korea-ro, 22:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of such past record), and summary order-making statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures include two times criminal punishment due to drinking driving, as stated in the judgment, and five times of punishment.

The drinking level caused by the crime of this case has reached a considerable level. The defendant's driving of drinking was caused by a traffic accident and the risk of drinking driving was realized.

The crime committed by a defendant constitutes a heavy crime that has driven alcohol again on two or more occasions, and is punishable by imprisonment with prison labor for not less than one year but not more than three years, or by a fine of not less than five million won but not more than ten million won pursuant to Article 148-2 (1) 1 of the Road Traffic Act, and the crime committed by a defendant constitutes a severe crime, and the punishment of a lower court shall not be sentenced without the reduction of the amount of punishment.

Nevertheless, the Defendant.

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