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(영문) 인천지방법원 2018.05.02 2018고단1449
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 May 19, 201, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 19, 201, and issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on October 24, 201, respectively. On August 14, 2013, the Defendant was sentenced to imprisonment for 6 months with labor for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 14, 2013, and violated the prohibition of drinking under the Road

On January 31, 2018, at around 22:44, the Defendant driven BM7 car under the influence of alcohol level 0.071% from a parking lot of the Arts Center located in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu to the front road of the Nam-gu, Incheon Metropolitan City, to approximately 1km of alcohol level 0.071% of alcohol level.

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. Response to a request for appraisal;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on past convictions and results of confirmation);

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. Article 53 and Article 55 (1) 3 of the Criminal Act ( normal consideration of the fact that he/she reflects on his/her gender, etc.);

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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