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(영문) 인천지방법원 부천지원 2016.10.04 2016고단2211

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant issued a summary order of KRW 1.5 million at the Gwangju District Court as a fine for a violation of the Road Traffic Act, KRW 4 million by a fine for a violation of the Road Traffic Act (driving) on August 30, 201, and KRW 5 million by the above court on February 6, 2013.

On August 24, 2016, at around 06:27, the Defendant driven B K3 cars while under the influence of alcohol of about 0.074 percent of alcohol content in the direction of the Samsung C&I and the front road located in Samsung C&I and the front road located in 270, Seocheon-si, Seocheon-si, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Application of Acts and subordinate statutes of three copies of criminal records, etc. inquiry report, investigation report (Attachment to a summary order of the same attached power), and summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2008);

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);