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(영문) 인천지방법원 2016.08.17 2016고단3624
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

On September 26, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 26, 201, and on October 15, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for the same crime at the same court on two occasions.

On June 14, 2016, at around 04:54, the Defendant driven B K5 car while under the influence of alcohol of about 0.135% from the 1km section from the 1km section to the 5-1st road in the same Gu-ro 172-ro Doo-ro 172, the Palimian located in the Nam-gu Incheon Metropolitan City educationally beneficial zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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