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(영문) 인천지방법원 2014.04.23 2014고단1528

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 October 8, 2008, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 1 million as a fine in the same court on September 12, 2007.

【Criminal Facts】

On January 12, 2014, at around 21:16, the Defendant, while under the influence of alcohol of 0.249% of blood alcohol content, was driving the d motor vehicle at the section of approximately 300 meters in front of the “Yungjin-gun, Incheon Cheongjin-gun,” 181-3, at the street, from the street of “Yungjin-gun, Incheon pool-gun,” to the street of “Sungjin-gun, Incheon pool-gun,” and operated the d motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the summary order of the same case);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009

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;