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(영문) 인천지방법원 2016.04.28 2016고단889
도로교통법위반(음주운전)등
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 October 19, 2012, the Defendant issued a summary order of KRW 1,50,00,000 for a fine of KRW 500,000 for a violation of road traffic law at the general military court of the first year of the Navy, from May 30, 2012 to a fine of KRW 5 million for the same crime at the Incheon District Court on June 12, 2012, KRW 4 million for the same crime at the same court on June 12, 2012, and KRW 8 million for the same crime at the same court on November 23, 2015.

On February 7, 2016, the Defendant, even though he had a history of driving alcohol more than twice as above, was driving a motor vehicle at around 01:30 on February 7, 2016, while under the influence of alcohol of at least 0.167% during blood alcohol while driving B-crin motor vehicle, and proceeded with 3 km from the roads near the Incheon Nam-gu Incheon Metropolitan City Viewing and 177, to the roads in front of the building for interesting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment of a copy of the summary order), and the application of Acts and subordinate statutes of the summary order attached thereto;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Observation, etc. of the Defendant is very poor in the course of committing the instant crime, despite the fact that the Defendant had four same kinds of crimes, but it does not reach the fact that the Defendant does not violate other traffic-related Acts and subordinate statutes, and the Defendant is late.

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