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(영문) 인천지방법원 2018.03.21 2017고단9424
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 26, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law in the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Branch on March 21, 2016 as a crime of violating road traffic law (drinking).

[2] On December 14, 2017, around 23:20, the Defendant driven B vehicles under the influence of alcohol level of about 0.068% from the section of the section of the section of the area from which the Defendant was included in the area of 500 to the front road of the west-ro 99, Seo-gu, Incheon, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the previous case);

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

1. Normal circumstances such as the provision of Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of a small quantity (i.e., the reflective fact, the absence of a criminal record of imprisonment without prison labor or heavier punishment, and the blood alcohol concentration in the blood is relatively high);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

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