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(영문) 인천지방법원 2016.11.24 2016고단6679
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2006, the Defendant issued a summary order of 2.5 million won as a crime of violation of the Road Traffic Act at the Incheon District Court, and issued a summary order of 4 million won as a fine in the same court on November 21, 2008.

Although the Defendant violated Article 44(1) of the Road Traffic Act twice, at around 20:50 on October 10, 2016, the Defendant driven the BK5 car while under the influence of alcohol of 0.093% of alcohol content, and proceeded with approximately 500 meters from the vicinity of the Jung-gu Incheon Metropolitan Government Round to the roads front of the 69 Roundamambam.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Inquiries, investigative reports (reports attached to the same type of electric power), and copies of summary order attached thereto shall be applied;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include a number of criminal records, which violated the Road Traffic Act including the same kind of criminal records, but under the influence of alcohol, the defendant is not guilty of the crime of this case. However, the defendant is not guilty of the crime of this case. However, the defendant is not guilty of the crime of this case, such as the defendant's age, character and conduct, environment, family relationship, etc.

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