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(영문) 인천지방법원 2016.01.06 2015고단7027
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

The Defendant was sentenced to a fine of two million won on September 17, 2007 due to a violation of the Road Traffic Act (drinking driving) in the support of the Korea Coast Guard, etc. on September 17, 2007, and a fine of six million won due to a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on July 6, 2012.

Although the Defendant was punished as a crime of violating the Traffic Act (drinking driving) on two occasions as above, on October 13, 2015, the Defendant driven a B-hand car in the section of approximately 60 km in the direction of the city of Suwon-si, Busan in the account of 0.084% alcohol concentration in the blood transfusion around October 13, 2015, while under the influence of alcohol at around 07:02, the Defendant driven a car in the direction of 0.084% in the Changwon-si, Busan-gu, U.S., Sinwon-si, in front of an Eup’s construction site.

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: Application of the written inquiry about criminal history and the text of the judgment three-yearly Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points and absence of any record of punishment for imprisonment without prison labor or heavier punishment);

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;

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