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(영문) 인천지방법원 2016.03.30 2016고단174
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 April 20, 2012, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method on April 20, 2012, and on June 19, 2013, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act (drinking driving) at the source of a water source method.

Nevertheless, at around November 11, 2015, the Defendant driven B SP vehicle under the influence of alcohol content of about 0.136% in the 307 Cheongcheon-gu located in Bupyeong-gu in the same city, south from the 152 Cheongcheon-gu in the vicinity of the 152 Cheongcheon-gu Incheon Gyeyang-gu, to the 307 Cheongcheon-gu in front of the 307 Cheongcheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for the mitigation of small amount (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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