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(영문) 인천지방법원 2018.06.25 2018고단3863

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 November 25, 2012, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on November 25, 2012, and on November 28, 2013, the Defendant violated two times the prohibition of driving under the influence of alcohol by being sentenced to a suspended sentence of two years for ten months in prison due to a crime of violating the Road Traffic Act.

On April 15, 2018, the Defendant started from the university near the Korean polytex University located in Seocheon-gu, Seocheon-gu, Seocheon-si, Incheon at around 23:15, and driven Bple mar with alcohol concentration of about 0.084% during blood alcohol level from around 3km up to 23:15, the Defendant driven Bp mar with alcohol level of about 0.084% during alcohol level from the 3km section of Incheon at around 23:15.

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: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation report (a copy of the same criminal record and summary order for the suspect, and a copy of the judgment);

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. Consideration under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective points and the degree of alcohol concentration in blood) of the mitigated amount;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;