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(영문) 인천지방법원 2017.05.17 2017고단693
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 6, 2007, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million for the same crime in the same court on January 20, 201, respectively.

[2] On January 3, 2017, the Defendant driven B cargo under the influence of alcohol level of about 0.122% from a 300-meter section from the front of the apartment complex of the 4-dong, Bupyeong-gu, Busan, Seosan-dong, Busan, to the front road of the Bupyeong-gu, Incheon, Bupyeong-gu sports hall, Incheon, to the front road of the Young-gu 179 Young-ro High School.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the criminal's place and the driver's circumstances;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. 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. Article 62-2 of the Criminal Act provides that the defendant with the reasons for sentencing two times the same power as that of the defendant, and that the defendant's responsibility is less than that of the defendant in light of the fact that he/she has been punished for driving without a license, despite the fact

However, the previous power is relatively old and has been punished by a fine; the driving distance of this case is a short distance; the defendant is currently breaking his mistake in depth; the defendant's age, sex, environment, motive, means and consequence of the crime; and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.

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