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(영문) 인천지방법원 부천지원 2015.05.08 2015고단766

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 October 17, 2007, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Busan Branch's Busan Branch's Branch's Branch's on 17 October 2007, and on 15 October 2009, the Defendant was issued a summary order of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court's Seoul Southern District Court's Branch's three times of the same electricity.

Although the Defendant was punished twice or more for the crime of violating the Road Traffic Act as above, on April 5, 2015, at around 22:15, the Defendant driven BM7 car under the influence of alcohol with approximately 0.087% of alcohol in the section of about 4km from the parking lot in the trade name in the new valley of the Gopo-si, Gopo-si, Kimpo-si to the front road of the Hyundai Frang apartment in the Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. The application of Acts and subordinate statutes concerning criminal records, their respective dispositions and ordinary records, and 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 21, 201; 201Do1148,

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

1. Social service businesses under Article 62-2 of the Criminal Act;