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(영문) 인천지방법원 2016.11.16 2016고단5698
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

[criminal power] On April 4, 2008, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Suwon District Court on April 4, 2008, and a fine of 4.5 million won for the crime of violation of the Road Traffic Act at the Ansan District Court on May 25, 2012, and was sentenced to a fine of 4.5 million won for the crime of violation of the Road Traffic Act, two times.

【Criminal Facts】

On August 25, 2016, at around 22:43, the Defendant driven B automobiles under the influence of alcohol content of about 0.085% from a section of approximately 600 meters from the front of the road of Bupyeong-gu, Incheon, Bupyeong-gu to the front road of the 416 Taecheon-gu, Incheon, Seosan apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of criminal records), application of statutes of the judgment;

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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