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(영문) 인천지방법원 2016.03.30 2016고단147

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

On November 19, 2010, the Defendant is a person who has been sentenced to a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Incheon District Court on November 19, 201, and a fine of KRW 4,00,000 for a crime of violating the Road Traffic Act at the Incheon District Court on August 16, 2012.

Nevertheless, at around 22:55 December 15, 2015, the Defendant driven a B-learning car under the influence of alcohol content of about 0.082% in blood, from the section of approximately 1 km from the same Gu to the front day of the Safety Center 119 Safety Center, from the school-based distance in Nam-dong, Nam-gu, Incheon Metropolitan City to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction: Application of a written inquiry, such as criminal history, and Acts and subordinate statutes attached to a summary order;

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. 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;