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(영문) 인천지방법원 2016.09.22 2016고단5090
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 4, 2003, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court's Branch Branch, and on February 1, 2016, the Defendant was sentenced to two years of suspended execution on February 12, 2016 by imprisonment for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court's Branch Branch Branch, and the said judgment became final and conclusive on February 12, 2016.

On May 7, 2016, the Defendant driven a C-car under the influence of alcohol content of 0.095% in blood around 22:08, and proceeded with approximately 300 meters in the section from the front of the 3rd apartment apartment house in the Appraisaldong, Kimpo-si, Kimpo-si, Incheon Seo-gu, to the front of the said house in front of the said house in the city of Kimpo-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions: References to inquiries, investigation reports (Attachment to the same type of judgment attached thereto), and the application of Acts and subordinate statutes 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume (including cases where the defendant completed remodeling work, 55(1)3 (including cases where he later repents his mistake), and after completing remodeling work, the defendant got involved in a female living together with a person living together with a person living together with a person living together who is in the vehicle due to a serious light color, etc., he must support the female living together with the person living together with the person living together who does not live with the registered person, and there are no circumstances to consider the defendant such as delayed living in custody for a considerable period of time, but the defendant has a large number of criminal records of violating the Road Traffic Act, including four kinds of criminal records caused by drinking driving, and thereby, he is still under probation.

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