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(영문) 인천지방법원 2014.07.03 2014고단2626

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 4, 2010, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act at the Incheon District Court on January 4, 201, and on July 2, 2008, the same court was sentenced to a fine of 2.5 million won for the same crime.

On October 05, 2014, the Defendant driven at the 10-meter section B from the cafeteria of Yeonsu-gu Incheon city to the 84-ro of the old galle, in a state of alcohol of 0.079% of blood alcohol concentration around 22:50 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under influence of alcohol, inquiry into the results of crackdown on driving under influence of alcohol, report on the circumstantial statements of a drinking driver, and notification of the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of Article 148, Article 148-1 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of two years, a stay of 40 hours [free] or more with no criminal history of probation, the details of driving and the short distance driving (unlimited circumstances] from 2002 to five times for drunk driving, which was discovered on December 27, 2013, one time for unlicensed driving on December 27, 2013, and the one at the time of detection of the instant case, which was returned due to the absence of a closed door, even though a decision to suspend a license was made on February 12, 2014 (a prosecutor was indicted as at the time of prosecution of the instant case, but the same day as at the time of prosecution of the instant case was returned due to the absence of a closed door (a prosecutor’s revocation of prosecution on June 9, 2014).