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(영문) 인천지방법원 부천지원 2016.04.29 2016고단441
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 July 15, 2011, the Defendant issued, at the Seoul Central District Court, a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving), and on September 23, 2013, a summary order of five million won for a violation of the Road Traffic Act (drinking driving), respectively, at the Incheon District Court Branch Branch Branch of the Incheon District Court.

On December 22, 2015, the Defendant driven a 1.5 kilometer of approximately 1.5 kilometer of a long-term middle school, from the long-term Dwik-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, while under the influence of alcohol content of 00:50 percent of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account circumstances favorable to the defendant);

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be determined in consideration of the favorable sentencing factors, such as the fact that the defendant had a history of being subject to three times criminal punishment due to drinking alcohol driving, the occurrence of an accident that shocks the central division at the time of driving the drinking of this case and the high alcohol concentration in blood was high, the defendant reflects his mistake, and the support of his wife and children, etc.

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