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(영문) 인천지방법원 부천지원 2017.11.30 2017고단2635
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 14, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and a summary order of KRW 3 million as a fine in the same court on July 29, 2016.

On September 21, 2017, around 23:43, the Defendant driven Bi30 automobiles while under the influence of alcohol content of about 0.127% in the front of “effective Flag” located at approximately 17 m. 265 m. from the Do in front of the “road cafeteria cafeteria” located in the Do, Seocheon-si, Seocheon-si, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol (list 3);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history (list 15);

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (the confession, reflectivity, and the previous conviction of a fine in the same kind as the judgment in the judgment shall not have any record of criminal punishment except twice, and the distance of driving shall not extend);

1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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