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(영문) 인천지방법원 2015.12.17 2015고단6813

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On April 3, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on August 24, 2012, the Defendant issued a summary order of KRW 4 million for the same crime at the Seoul Southern District Court.

【Criminal Facts】

On October 7, 2015, the Defendant was under the influence of alcohol with 0.137% of blood alcohol concentration around 00:39 on October 7, 2015, and was driving BMW car from approximately 2km to the road near Sungnam-dong, Sungnam-gu, Sungnam-gu to the river in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the state of the driving prior to driving, inquiry into the results of the control of drinking driving, and inquiry about the request for appraisal;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports (a) and Acts and subordinate statutes governing the same type of criminal records;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect on criminal conduct);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;