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(영문) 인천지방법원 2017.03.30 2016고단1772
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on December 5, 201, and on January 2, 2007, the same court issued a fine of KRW 3 million for a crime of violating the Road Traffic Act.

On March 18, 2016, the Defendant was under the influence of alcohol content of 0.189% during blood transfusions on March 18, 2016, and driven approximately KRW 500 meters B K7 car at a section B from the front side of the f5-lane in Incheon Seo-gu to the front side of the 65-lane.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

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: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of the same type of suspect and summary order of different types of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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