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(영문) 인천지방법원 2016.12.21 2016고단6972

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

[criminal record] The defendant is a clerical error in the indictment on November 15, 2007.

The Incheon District Court received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on March 5, 2008, the same court received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

around 22:08 on October 17, 2016, the Defendant driven a B Sti-type car under the influence of alcohol content of about 0.184% at a distance of about 3km from the front of the Incheon Integrated Fishing Market, located in 69:33, to the front of the Jung-gu Welfare Center for Disabled Persons, Jung-gu, Seoul, about 10 meters in front of the welfare center for disabled persons.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's drinking driving records), and application of Acts and subordinate statutes of two copies of summary orders;

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

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;