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(영문) 인천지방법원 2016.01.28 2015고단7702
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 January 30, 2007, 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 September 16, 2008, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving), and on September 7, 2012, the above court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) respectively.

[2] On November 1, 2015, the Defendant driven a B-hurged car with alcohol concentration of 0.167% in blood on the front side of the “Tiant Protocol” located in Gyeyang-gu Incheon, Gyeyang-gu, 1153, as the name of 00:09, Nov. 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and the statement in the circumstances of the driver involved in driving alcohol;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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