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(영문) 인천지방법원 부천지원 2015.10.16 2015고단2452
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2003, the Defendant was sentenced to six months of imprisonment for a short term of eight months by committing a violation of the Road Traffic Act (driving) at the Seoul Central District Court. On July 7, 2010, the Defendant was issued a summary order of five million won by the Seoul Southern District Court for the same offense, etc., and on November 18, 2010, issued a summary order of 4.5 million won by the Incheon Central District Court for the same offense, etc.

Although the Defendant had been punished twice or more as above, on July 18, 2015, at around 22:17, the Defendant driven a B earth and car under the influence of alcohol content of about 100 meters from the 100-meter section from the roads front of a mutually unclaimed restaurant in the long-term city of Kimpo-si to the front road of the Gapo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver, response to requests for appraisal, and report on the detection of the driver;

1. The application of Acts and subordinate statutes to criminal records, etc., preliminary records, reports, and summary orders;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);

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