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(영문) 인천지방법원 2018.06.25 2018고단3539
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 November 25, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court to a fine of KRW 1.5 million, and a summary order of KRW 4 million by the Incheon District Court to a crime of violation of Road Traffic Act (driving) at March 30, 2016, respectively.

[2] On April 16, 2018, under the influence of alcohol level of 0.177% during blood transfusion around 00:22, the Defendant driven a car with Cmari-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-dong, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);

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

1. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of a criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

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