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(영문) 인천지방법원 2016.02.04 2015고단7413

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

[Power of crime] The defendant was issued a summary order of KRW 700,000 by the Incheon District Court on September 6, 2007 to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on September 8, 2008 to a fine of KRW 1.5 million.

[Criminal facts] On September 21, 2015, the Defendant driven BM5 car in a volume section of approximately 500 meters from the front of the department store to the front road of the Bupyeong-gu, Incheon, while under the influence of alcohol level of 0.296% among blood transfusion around 23:27.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to the statement report on the situation of the driver in charge of drinking and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to a copy of the previous summary order);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;