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(영문) 인천지방법원 2016.09.28 2016고단4486

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 January 24, 2007, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the first branch of the Chuncheon District Court on April 18, 2007.

[Criminal facts] On June 18, 2016, the Defendant driven Brane car under the influence of alcohol concentration 0.074% while under the influence of alcohol leveling 0.074% on the underground vehicular road near the road near the Gyeong-do-si at the Government-si around 10:50 on June 18, 201

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reporting (criminal history);

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;