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(영문) 인천지방법원 2016.10.26 2016고단5106
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 February 18, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Incheon District Court, and a summary order of 2 million won by the same court on February 16, 2009, respectively.

On July 16, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a Bcococ car under the influence of alcohol of about 0.116% from a Do near the South-dong, Incheon Metropolitan City Twit-dong to the road 236-1 of the same Act from around 1.5km to the 236-1st day of the same.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of two copies of a written summary order, such as criminal history records, investigation reports (verification of the same type of crime records), and summary order;

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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