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(영문) 인천지방법원 2017.01.18 2016고단7491

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the Incheon District Court on August 24, 2008, and was sentenced to a fine of 4 million won for a crime of violation of the Road Traffic Act (driving of alcohol) in the support of the Suwon Flag Flag on April 18, 201.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on two occasions, Defendant 2 driven a BNF sub-car under the influence of alcohol concentration at approximately 0.123% in the section of approximately 10km from the 10km to the front of the Cheongdong-dong, Yeonsu-gu, Incheon at around November 2016, in spite of the above violation of Article 44(1) of the Road Traffic Act (b).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, making a statement on the circumstances of the driver of drinking, and notifying the results of regulating driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to such previous summary order) by statutes;

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;