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(영문) 인천지방법원 부천지원 2017.02.09 2017고단44

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 18, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (driving in drinking), and a summary order of KRW 3 million as a fine for the same crime from the Jung-gu District Court Goyang Branch on November 13, 2012.

On December 27, 2016, around 22:10, the Defendant driven B Rabing vehicle under the influence of alcohol content of about 0.123% at a section of approximately 1km from the Do located in the Jeju Jeju Jeju Jeju Jeju Do to the front road of the “Dogjin Dog-ri” located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving (list 3);

1. Previous convictions: Application of the Act and subordinate statutes of inquiry about criminal history (List 7);

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount of punishment (no person shall have any record of criminal punishment other than confession, reflectivity, and previous conviction in judgment);

1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);

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