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(영문) 인천지방법원 부천지원 2017.05.18 2017고단828
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 March 26, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) in the support of the Korea Coast Guard, and on January 10, 2012, the Defendant received a summary order of KRW 2 million as a fine for the same crime from the subsidiary branch of the Incheon District Court.

On March 31, 2017, at around 02:50, the Defendant driven B car while under the influence of alcohol content of about 0.096% in blood at approximately 10 meters in front of the Jinal Village located at approximately 72 meters in the south of Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol (list 1);

1. Previous convictions: Application of the Act and subordinate statutes of inquiry about criminal history (10)

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act for Reduction of Small Quantity (a confession, reflectivity, any person who has not been subject to a suspended sentence, but has not been subject to any criminal punishment for the last five years, and a relatively short driving distance);

1. Article 62(1) of the Criminal Act on the stay of execution ( considered as above);

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

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