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(영문) 인천지방법원 2016.07.04 2016고단2466
도로교통법위반(음주운전)등
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

On October 6, 2008, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 100,000 for a violation of the Road Traffic Act, from the vice branch of the Incheon District Court on November 22, 2012 to a summary order of KRW 4 million for the same crime, from the same crime on May 2, 2014 to the same court on May 2, 2014, and from the same court on September 5, 2014 to a summary order of KRW 10,000 for a fine of KRW 10,000 for a violation of the Road Traffic Act, or a violation of the Road Traffic Act (unlicensed Driving).

On February 6, 2016, at around 00:15, the Defendant operated a vehicle with alcohol content of 0.234% in blood while under the influence of alcohol at around 00:234%, and proceeded with the volume of 300 meters in front of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Burnaro, the 130-ro 114.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry, a criminal investigation report (Attachment of the summary order attached to the same type of power), and a copy of the summary order attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the lecture, even though there were several criminal records of the same kind of crime, and at the same time, the Defendant is under the influence of alcohol without a driver’s license, and the nature of the crime is not weak.

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