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(영문) 인천지방법원 2017.01.11 2016고단7411

도로교통법위반(음주운전)등

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

[criminal history] On December 12, 2008, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act in the Busan District Court’s Busan District Court’s Busan District Court’s Branch, a fine of two million won as a crime of violating the Road Traffic Act (driving of Drinking) in the support of the Suwon Flag Police Station on December 1, 201, and a fine of five million won as a crime of violating the Road Traffic Act (driving of Drinking) at the Incheon District Court’s Incheon District Court’s District Court on September 17, 2015.

[2] On September 8, 2016, around 09:14, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content of 0.087% while under the influence of alcohol content at approximately 300 meters at a section of about 300 meters from the scar of the old new road of Ansan-si to the front of the Sinsi-si 2155 body park.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, inquiry into the results of crackdown on drinking driving, and license register;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crimes);

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

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;