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(영문) 인천지방법원 2013.04.03 2013고단255

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Incheon District Court on March 10, 2008, and was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on November 8, 2010, and was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on September 1, 201.

On December 22, 2012, around 01:30 on December 22, 2012, the Defendant driven a B car-generating vehicle under the influence of alcohol content 0.110% with approximately 1k section from the parking lot of the Nam-gu Incheon Metropolitan City, Nam-gu to the road of 408 Kandong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records: Application of criminal records, etc. 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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 53 and Article 55 (1) 3 of the same Act (Article 55 (1) of the same Act, even though a person had a previous offense, has incurred a traffic accident while under the influence of alcohol again even though he/she had a previous offense, is divided his/

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;