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(영문) 인천지방법원 2016.11.16 2016고단5722

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 power] On March 17, 2015, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of violation of the Road Traffic Act (driving). On August 1, 2016, the Incheon District Court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 6, 2016, at around 06:46, the Defendant driven BM3 motor vehicles in the state of alcohol alcohol concentration of approximately 0.122% from approximately 100 meters from the front of the Incheon Family Elementary School located in 4, 395, Seo-gu, Incheon, Seo-gu, Incheon, to the front road of the Seo-gu 2, 30-87, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (report accompanied by a summary order of the same kind of power of a suspect);

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr.

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;