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(영문) 인천지방법원 부천지원 2016.08.12 2016고단1227
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 November 8, 2007, the Defendant was issued a summary order of KRW 2 million with fines of KRW 5 million with the same crime from the same support on May 10, 2013, and a summary order of KRW 10 million with the same crime at the Seoul Eastern District Court on August 28, 2015.

Criminal facts

On May 30, 2016, at around 21:05, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of about 100 meters in a section of about 100 meters from the front of the restaurant located in the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island to the front of the stosaw convenience store located in 268 of the same stosaw route.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a driving, report on the results of regulating the driving of drinking, register on the use of a measuring instrument for drinking, photograph, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (where the crime of the same kind is committed repeatedly, it shall be considered that no criminal record has been sentenced due to such crime,

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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