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(영문) 인천지방법원 2015.01.21 2014고단8855

도로교통법위반(음주운전)

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 23, 2010, the Defendant issued a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and on August 9, 201, to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 28, 2014, at around 07:42, the Defendant driven B vehicles under the influence of alcohol of about 100 meters with blood alcohol concentration of 0.146% from the front side of the Dodu apartment apartment in Gyeyang-gu Incheon Gyeyang-gu, Incheon, to the front side of the 88 Gyeyang-gu, the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a summary order, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;