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(영문) 인천지방법원 2016.01.14 2015고단7208

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

[criminal history] On June 11, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on May 29, 2015, the Incheon District Court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On November 12, 2015, the Defendant, while under the influence of alcohol of 0.098% in blood without obtaining a driver’s license of a motor vehicle on November 12, 2015, operated B X-pex motor vehicle from approximately 500 meters in approximately 500 meters to the front road of the Incheon Seo-gu 498 Scroro, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, 300 U.S.-do, 300 U.S. to the 30-si, Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A ledger in the future (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (a summary attachment of an order), and a summary order, to two Acts and subordinate statutes;

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. 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;