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(영문) 인천지방법원 2018.05.16 2018고단2277
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

[Power of crime] On July 29, 2008, the defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving), and a summary order of KRW 1 million by the same court as a crime of violating the Road Traffic Act (dacting driving) on August 1, 2008.

[ criminal facts] On March 15, 2018, the Defendant driven a sports cargo vehicle B, while under the influence of alcohol concentration of approximately 0.065% at approximately 30 meters from the 300m section of the blood alcohol level, from the front Do to the 20m-ro red knife road of Incheon strengthened Seafarers, regardless of the fresh Do, which is located in the window of the Incheon strengthened Crew, or from the front Do, to the flue knife road of about 200 meters.

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: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order of the same type of crime);

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. Consideration under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective points, having no criminal record of imprisonment without prison labor or heavier punishment, or having no high alcohol concentration in blood);

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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