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(영문) 인천지방법원 2016.07.20 2016고단2620
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On November 23, 2011, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law at the Seoul Northern District Court, and one year of imprisonment for a violation of road traffic law at the Seoul Northern District Court on March 29, 2012 and two years of suspension of execution, respectively.

[criminal history] around 03:50 on April 13, 2016, the Defendant driven a B-learning car under the influence of alcohol content of 0.116% from the vicinity of the EXS-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon to the extent that the Defendant was under the influence of alcohol content of 1k from the time to the time of the internationalization of the Cheongdong, Seo-gu, the Dong-dong, the Dong-dong, the Dong-dong, Dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, are five times the criminal records of the same crime, re-offending despite the fact that the criminal defendant had a record of suspended sentence of imprisonment, the criminal defendant seems to have driven in the state of detention, and all other sentencing factors shall be determined as the same as the order;

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