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(영문) 인천지방법원 2016.04.27 2016고단822

도로교통법위반(음주운전)등

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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

On March 23, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Branch Branch, and on January 19, 2013, issued a summary order of KRW 1.5 million as a same crime by the Incheon District Court, and on September 18, 2014, issued a summary order of KRW 5 million as a fine at the Incheon District Court’s same crime.

On February 16, 2016, at around 23:52, the Defendant, without a driver’s license, driven a Bco-sports motor vehicle while under the influence of alcohol content of approximately 0.121% in blood at a section of about 200 meters from the day front of a mutually influent restaurant located in the seat of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon to the front day of the gas station.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of each summary order, such as a written reply to inquiry, investigation report (Attachment of the previous summary order) and criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and absence of any record of punishment for imprisonment without prison labor or heavier punishment);

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;