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(영문) 인천지방법원 2015.08.27 2015고단3995

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 May 31, 2010, the Defendant issued a summary order of a fine of one million won by a crime of violating the Road Traffic Act at the Incheon District Court on May 31, 201, and on February 8, 2011, the Defendant violated two times the prohibition of driving under the influence of alcohol by being sentenced to a summary order of a fine of seven million won by a crime of violating the Road Traffic Act (driving) in the same court.

On May 15, 2015, at around 23:47, the Defendant, at around 23:47, driven a B rash car with a volume of approximately 100 meters alcohol concentration of about 0.156%, from May 15, 2015 to the old 635-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, the same previous records, and the application of Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no record of criminal punishment exceeding the fine due to the same kind of crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;