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(영문) 인천지방법원 부천지원 2016.02.16 2015고단3294

도로교통법위반(음주운전)

Text

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

[2] On March 25, 201, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (dacting driving) in the support of the Sugwon method, and on July 22, 2013, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (dacting driving) on July 22, 2013.

[2] On December 8, 2015, at around 00:10 on December 8, 2015, the Defendant driven CNA-si car under the influence of alcohol concentration of about 150 meters at around 00:16, around the same day from the front day of the interior hotel in Seocheon-gu, Seocheon-gu, Seocheon-si to the same Gu road at around 00:16 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of alcohol, report on the circumstances of driving of alcohol and report on the circumstances of driving of alcohol;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. It is so decided as per Disposition by taking into account the following: (a) there are many criminal records of the same kind of crime with the same reason for sentencing under Article 62-2 of the Criminal Act; (b) a relatively high level of the receipt of drinking alcohol; (c) a confession of the crime; (d) a relatively short driving distance; and (e) the current situation faced by the defendant and the conditions