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(영문) 인천지방법원 부천지원 2017.10.26 2017고단2118
도로교통법위반(음주운전)등
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

On September 24, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Daejeon District Court, and KRW 3 million as a fine for the same crime from the Jyyang Branch of the Jung-gu District Court on June 19, 2017.

On September 6, 2017, at around 22:02, the Defendant driven Bho-do car with alcohol content of 0.103% while under the influence of alcohol without a vehicle driver’s license in the section from the front of the upper half-ro village located in Bupyeong-si, Seocheon-do to the two-way road in the same Sincheon-ro 2-ro 4:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each fact-finding survey report (list 2, 3), notification of the results of the control of drinking driving (list 11), the ledger of driver's licenses (list 22), and the details of disposition of suspension of driver's licenses (list 25);

1. Photographs (list 4);

1. Previous conviction: Application of the Act and subordinate statutes of inquiry about criminal history (list 26);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (No person shall be convicted of confession, reflect, or have yet to be convicted of suspended sentence);

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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