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(영문) 인천지방법원 부천지원 2017.08.31 2017고단1517
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 22, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law in the Incheon District Court's Busan District Court's Branch on April 22, 2008, and a summary order of KRW 3 million for a crime of violating road traffic law (drinking) in the same court on May 26, 201.

[2] On June 29, 2017, the Defendant driven a B-hand car under the influence of alcohol content of approximately 0.169% in the 5km section from the roads in front of the Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order of IV 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act shall be taken into account when considering the circumstances such as the defendant's reason for sentencing under Article 62-2 of the Criminal Act, such as the fact that the same drinking and non-licensed electric power is four times a fine, reflects the situation, and the circumstances leading to the driving of drinking, etc.

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