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(영문) 인천지방법원 부천지원 2016.09.20 2016고단2120

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 21, 2008, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court on April 21, 2008. On December 19, 201, the Defendant was issued a summary order of three million won by a fine for a violation of the Road Traffic Act (drinking driving) at the vice branch branch of the Incheon District Court on December 19, 201. On June 4, 2013, the Defendant was issued a summary order of eight million won by a fine for a violation of the Road Traffic Act (drinking driving) and was punished by a summary order of eight million won by a fine for a violation of the Road Traffic Act (drinking driving without a license).

Nevertheless, on August 15, 2016, at around 03:20, the Defendant driven a Bexton car under the influence of alcohol content 0.136% while under the influence of alcohol content at around 0.136% in front of the third section of the urban railroad located in the 3rd section of the Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. On-site photographs;

1. Application of replys to inquiries, such as criminal history, investigation reports (related previous records and reports), and statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the fact that a defendant has no record of punishment of imprisonment without prison labor or heavier punishment, etc.);

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;