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(영문) 인천지방법원 2018.12.12 2018고단7988
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] On February 14, 2007, the Defendant had a record of being sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court, and on November 24, 201, the same court received a summary order of KRW 3 million for the same crime.

[Criminal facts] On October 25, 2018, at around 21:35, the Defendant driven D's four vehicles under the influence of alcohol concentration of about 0.118% at the 300-meter section of alcohol during blood while under the influence of alcohol level at around 0.118% from the Do in front of the hotel’s mutual influence in the vicinity of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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;

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