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(영문) 인천지방법원 부천지원 2013.12.20 2013고단3227

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

On December 28, 2006, the Defendant was sentenced to a fine of three million won by the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on December 28, 2006, and a fine of 1.5 million won by the Incheon District Court as a violation of the Road Traffic Act (driving) from July 5, 2010.

On November 12, 2013, at around 01:17, the Defendant driven a Category B Maz car at about 1 km from the roads in front of the Hancheon-gu Jungdong-gu, Jungcheon-si to the roads in front of 531-6 of the same Gu, while under the influence of alcohol content 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 2011>

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