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(영문) 인천지방법원 부천지원 2016.12.06 2016고단2913

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 10, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court on July 10, 2015, and on October 14, 2015, the Defendant issued a summary order of KRW 5 million for the same crime from the father branch branch of the Incheon District Court.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a D Sti-type car under the influence of alcohol 0.074% in a section of about 50 meters from the fluoral road located in Kimpo-si, Kimpo-si to the fluoral electrical road located in Kimpo-si, Kimpo-si until the fluoral electrical road located in Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Criminal history records, inquiry reports, investigation reports (Attachment of a summary order), and application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2008);

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);