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(영문) 인천지방법원 2016.09.07 2016고단3956

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 29, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Incheon District Court on November 16, 201, a fine of KRW 2.5 million for the same crime in the same court on November 16, 201, and a fine of KRW 2.5 million for the same crime in the same court on November 27, 2009.

【Criminal Facts】

On June 14, 2016, at around 01:09, the Defendant driven BNEW EF rocketing car under the influence of alcohol with approximately 500 meters alcohol content 0.148% from the section of approximately 500 meters from the front day of the 161 Chungcheong Road to the front day of the 135 Empt Doz.

As a result, the defendant was punished for drinking twice or more, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports (reports attached to the suspect's previous records and written judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr.

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;