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(영문) 인천지방법원 2017.01.11 2016고단7362

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] On January 25, 201, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court on January 25, 201, and on August 29, 2007, the Defendant was sentenced to a summary order of one million won for the same crime from the Vice Branch Branch of the Incheon District Court on August 29, 2007 and was sentenced to a penalty of two or more times for drinking driving.

[Criminal facts] On October 17, 2016, the Defendant driven a B B teme motor vehicle under the influence of alcohol content of about 0.104% from a 30-meter section of alcohol to the front road of the same Gu-ro 26-ro, Sin-ro, Seo-gu, Incheon, Bupyeong-gu, Incheon, U.S. (21:23, 201).

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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;