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(영문) 인천지방법원 2018.05.30 2018고단2941

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2008, the Defendant: (a) at the Incheon District Court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act; (b) on May 9, 2013, a person who violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of KRW 5 million for the same crime from the same court; and (c) on March 30, 2018, the Defendant driving a Poter vehicle under the influence of alcohol level of KRW 0.202% in alcohol level on the road of the Vene Foreasia, which is located in the territory of the Incheon Cheongjin-gun District Court, Incheon, for the purpose of violation of the Road Traffic Act at around 35, 200, from around 800 meters to the road of the 54-14-14, 50,000,000 in alcohol level among blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

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. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;