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(영문) 인천지방법원 부천지원 2016.05.17 2016고단714

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 3, 2004, the Defendant received a summary order of KRW 700,000,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act (drinking driving), on June 29, 2007, a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), on October 24, 2012 at the Incheon District Court to a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), and on May 12, 2014, the Incheon District Court issued a summary order of KRW 6 million due to a violation of the Road Traffic Act (drinking driving) at the Incheon District Court.

On April 7, 2016, around 22:00, the Defendant driven Cho-do car under the influence of alcohol concentration of about 0.063% in a section of about 900 meters from the day from the distance of internal history in the city of Seocheon-si, Seocheon-gu to the day of 22:07, Seocheon-gu, Seocheon-gu, Seocheon-si to the day of 122-way.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. References to inquiries, such as criminal history, reports on investigation (formers and reports on confirmation), and application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);