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(영문) 인천지방법원 부천지원 2016.09.09 2016고단1584

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 July 25, 2008, the Defendant received a summary order of a fine of three million won as a crime of violating the Road Traffic Act at the Incheon District Court on July 25, 2008, and on June 4, 2013, the Defendant received a summary order of a fine of four million won as a crime of violating the Road Traffic Act in the Incheon District Court's Busan District Court's Vice-Support on June 4, 2013.

Although Defendant was a person who violated Article 44(1) of the Road Traffic Act twice or more, Defendant was driving a D low-water car in the direction of 0.095% alcohol level from the 1km section to the 43rd road in front of the department store, around June 20, 2016, at around 300 through the 300-ro, Seocheon-si. In front of the department store, up to the 43rd road in front of the same city, the Defendant driven a D low-water car under the influence of alcohol leveling from about 1km to 0.095%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (where the crime is committed repeatedly but there exists no record of criminal punishment exceeding the fine due to this, and the fact that it

1. An order to attend a course under Article 62-2 of the Criminal Act;