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(영문) 인천지방법원 부천지원 2016.08.12 2016고단1342

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On April 26, 2011, the Defendant was issued a summary order of a fine of 2.5 million won for a crime of violating road traffic law in the Incheon District Court's Branch Branch of the Incheon District Court on April 26, 201, and on October 26, 2012, the Defendant was sentenced to six months of imprisonment and two years of suspended execution.

Criminal facts

On June 14, 2016, at around 23:10, the Defendant driven B low-priced automobiles with alcohol content of 0.136% from the 5km-gu, Yecheon-gu, Yacheon-gu, Yacheon-gu to the front road from the cafeteria-gu, 462, Yacheon-gu, Yacheon-gu.

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver who is to take driving, report on the results of regulating the driving of drinking, report on the circumstances of the driving of drinking, response to a request for appraisal, and report on the detection of the driver

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate 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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that although the crimes of the same kind are repeatedly committed, there is no previous conviction for which a sentence has been imposed, the most support for two children aged 10 and 4

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;