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(영문) 인천지방법원 2016.08.24 2016고단3439

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

[criminal history] The defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 14, 2006, a fine of KRW 2 million for the same crime in the same court on June 1, 2010, and a fine of KRW 4 million for the same court on June 22, 2010.

[2] On May 12, 2016, around 22:55, the Defendant driven a B-wing G LS vehicle while under the influence of alcohol content of about 0.118% from a 500-meter section of alcohol alcohol content to the front road of the 246-1 training center located in the Seo-gu Incheon Seo-dong, Seo-gu, Incheon.

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle under the influence of alcohol again.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and 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. 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;