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(영문) 인천지방법원 부천지원 2013.07.03 2013고단917

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 18:10 on April 27, 2013, the Defendant driven BM5 vehicles from the front of the flow distance in Kimpo-dong, Kimpo-dong, Kimpo-dong, Kimpo-dong, Kimpo-dong, to about 100 meters in front of the road, while under the influence of alcohol by 0.347% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1448, Feb. 1, 2009; Supreme Court Decision 2009Do1448, Feb. 1, 2008; Supreme Court Decision 200Do1339, Feb.

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the foregoing circumstances and the facts that there is no past record, as well as the fine);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;