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(영문) 인천지방법원 2016.10.26 2016고단5107
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2008, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on March 30, 2010 to the same crime, respectively.

On July 29, 2016, at around 22:00, the Defendant driven B Poter truck under the influence of alcohol with approximately KRW 9k alcohol concentration of 0.078% from the section of about 9km-dong, Seo-gu, Incheon, Seo-gu, Incheon, to the front road of the Sodong-dong, Seo-gu, Incheon, from around 2:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr.

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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