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(영문) 인천지방법원 부천지원 2015.04.24 2015고단326

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2008, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) from the Busan District Court's Busan District Court's Branch on March 10, 2008. On June 8, 2010, the Defendant received a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) from the Busan District Court's Branch Branch on June 8, 2010. In addition, the Defendant was subject to criminal punishment for a violation of the Road Traffic Act (driving) three times more.

On February 5, 2015, at around 00:05, the Defendant driven B, under the influence of alcohol content of about 800 meters from the front of the corporate bank located in the Kimpo-si, Kimpo-si to the front road of the Healthland in the Kimpo-si, Kimpo-si, the Defendant driven B, under the influence of alcohol content of about 0.104%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (Attachment to a summary order of the same kind of crime);

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 21, 201; 201Do1148,

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. Social service businesses under Article 62-2 of the Criminal Act;