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(영문) 인천지방법원 2018.03.21 2017고단9418
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 history] On May 27, 2010, the Defendant had a record of driving alcohol twice or more times, such as receiving a fine of two million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court, and a fine of one million won or more for the same crime at the same court on February 1, 2013 and receiving a summary order of one million won or more for the same crime.

[2] The summary of the evidence that the Defendant driven a Do SM5 car owned by the Defendant in a section of about 200 meters around the 200 meters away from the Saemaeul Treasury in the direction of Gyeyang-gu, Incheon, under the influence of alcohol leveling to approximately 0.066% of the alcohol level during blood transfusion around November 21, 2017

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (Evidence List No. 7);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The circumstances under which Articles 53 and 55(1)3 of the Criminal Act to reduce the volume of a small quantity is not relatively high (i.e., the reflective point, and the blood alcohol concentration in the blood);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;

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