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(영문) 인천지방법원 2018.05.09 2018고단1207
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

[criminal history] On June 5, 2006, the Defendant was issued a summary order of a fine of KRW 700,000 by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving), and on June 30, 201, the same court issued a summary order of KRW 3 million for the same crime.

[2] Although Defendant 1 had been subject to punishment twice or more due to drinking driving, Defendant 2 driven a car in CCoon in the section of about 10km at approximately 10km from the station near the station in the territory of the State where the Nam-gu Incheon Metropolitan City is located, to the point where the 2 Gyeong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is a situation unfavorable to the defendant, since the defendant, who has been punished twice or more due to drinking driving, once or more times again drives a vehicle, has a record of criminal punishment four times as a same crime, and the defendant has a high risk of causing harm to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the previous previous previous criminal conviction was sentenced to a fine before 2012, and there was no record of criminal punishment for the same crime for the last five years, the defendant's blood alcohol concentration at the time of crackdown was not higher than 0.091%, and the driver will not drive alcohol again.

It is hard to do so.

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