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(영문) 인천지방법원 2018.03.21 2018고단82
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 February 9, 2010, the Defendant received a summary order of 2.5 million won as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court. On November 3, 2017, the Defendant was charged with a summary order of 2.5 million won as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Southern District Court.

[2] On October 30, 2017, the Defendant, while under the influence of alcohol level of 0.31% among blood transfusion around 12:40 on October 30, 2017, driven B-low car on the road in the section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of section of 15,

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. A written appraisal of alcohol during blood;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate small quantities (i.e., reflective facts and treatment for alcohol addiction);

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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