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(영문) 인천지방법원 2016.08.10 2016고단2848
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

【Criminal Force of Crimes】 On September 5, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of a fine of KRW 5 million due to a violation of Road Traffic Act at the Seoul Southern District Court on December 13, 2012.

【Criminal facts” around April 30, 2016, around 23:55, the Defendant driven B k5 automobiles while under the influence of alcohol with approximately 50 meters alcohol content 0.105% from the 50m section from the front of the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon to the front of the women’s hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, inquiry about the results of crackdown on drinking driving, and response to requests for appraisal;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to a summary order on driving a suspect's drinking), application of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

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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