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(영문) 인천지방법원 2017.01.11 2016고단7067
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 March 9, 2007, the defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act by the Incheon District Court, and on June 28, 2007, the defendant was sentenced to imprisonment for 8 months and 2 years of probation for the same crime in the same court.

[2] The Defendant, while under the influence of alcohol content 0.190% in blood, was driving from around September 30, 2016 at around 03:05, at around September 30, 2016, at the street in the vicinity of the so-called Yeonsu-gu in Incheon, Yeonsu-gu, and at around 25 Sindong-dong, was driving the C-learning under the name of approximately 2 km in front of the 433 Sindong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes reporting a copy of inquiry letter, such as criminal history and judgment;

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 for Reduction of Small Quantity (Article 55) (Article 53 and Article 55 (1) 3 of the Criminal Act shall be considered to have no record of being punished for driving under drinking for about 10 years after the crime was finally

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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