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(영문) 인천지방법원 부천지원 2015.07.02 2015고단1331
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On February 13, 2007, at the Incheon District Court, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the same court on March 9, 2007, a fine of KRW 2.5 million for the same crime, etc. at the same court on December 3, 2009, a fine of KRW 3 million for the same crime at the same court on December 3, 2009, and on December 23, 2011, a summary order of KRW 5 million for the same crime, etc.

【Criminal Facts】

On May 17, 2015, at around 22:50, the Defendant driven a Dbe-cracked car under the influence of alcohol content of approximately 0.068% from the 25th day from the 22:5th day to the 250th day from the gateto the gate of the ridge to the 13th day from the gateto the gate of the 250th day from the 205th day from the gate to the gate of the transmitting underground car in Seocheon-gu, Seocheon-gu.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Before ruling: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a copy of the summary order of the same case);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

3. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) shall be determined as the same as the disposition, in consideration of the fact that the defendant commits a serious violation against his wrongness and that the drinking-take is insignificant.

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