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(영문) 인천지방법원 2016.01.06 2015고단6284
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 April 1, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on April 1, 2008, and a summary order of KRW 2 million for the same crime at the same court on April 25, 2014.

[2] On October 5, 2015, at around 01:08, the Defendant driven a BS-type car with approximately 200 meters alcohol concentration of 0.092% during blood while under the influence of alcohol from the parking lot of 878 School Village Sea 109, the Gyeyang-gu, Incheon Metropolitan City, to the front road of 96 new Jinjin (A) in Gyeyang-gu, Incheon.

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 conviction: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order with criminal experience in the same type of crime), and application of two summary orders under the 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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