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(영문) 인천지방법원 2015.07.08 2015고단2667

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

On January 17, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Branch on February 2, 2008, and the above summary order became final and conclusive on February 2, 2008. On July 1, 2008, the Incheon District Court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court’s order on August 5, 2008, and the above summary order became final and conclusive on August 1, 2008. On July 10, 2012, the Incheon District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s order on August 22, 2012, which became final and conclusive on August 22, 2012.

On May 10, 2015, at around 22:30, the Defendant driven a bndr vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.211% from the section of approximately 500 meters, from the roads in the bottle market, which is 62 to the bottle market in Gyeyang-gu Incheon, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records, written judgments, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account that there is no record of punishment of imprisonment without prison labor or heavier punishment for the same kind of crime only);

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;