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(영문) 인천지방법원 2016.02.04 2015고단7077
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 June 2, 2011, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the Incheon District Court, and on May 14, 201, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution by the High Military Court of the Ministry of National Defense on May 14, 2013.

Although the Defendant had been punished as a crime of violating the Road Traffic Act at least twice as above, on November 1, 2015, the Defendant operated the Bpoter II freezing tower in the section of approximately 2 km from the road of approximately 2 km to the road of approximately 2 km in the city of Bupyeong-gu, Incheon due to the drinking level of 0.065 percent alcohol among blood transfusion around 08:5 on November 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for the mitigation of weight (including the violation of a crime and the measurement of alcohol, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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