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(영문) 인천지방법원 2018.05.30 2018고단2697

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 March 14, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on September 13, 2012, the Defendant was sentenced to a suspended sentence of Article 44(1) of the Road Traffic Act on two occasions with prison labor for the same crime in the Suwon Flag Flag Support, etc. < Amended by Act No. 11318, Sep. 13, 2012>

[2] On April 9, 2018, the Defendant driven a vehicle with C U.S. under the influence of alcohol concentration of about 0.154% from a 50-meter section from the pre-road of Suwon-si, Suwon-si to the front road of the same viewing distance, around 00:57.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 ( normal consideration of the fact that he/she reflects on his/her gender, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;