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(영문) 인천지방법원 2014.06.02 2014고단2221

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 of the final judgment.

Reasons

Punishment of the crime

On May 25, 2012, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Incheon District Court on May 25, 201, and a summary order of KRW 2 million as a fine in the same court on December 18, 201.

On February 20, 2014, at around 21:45, the Defendant driven BM5 car in the state of alcohol alcohol of about 1km from approximately 0.147% of blood alcohol concentration to the front road of approximately 594-13 roads of war prisoner of the same Dong-gu, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, etc.;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Detection of six months of imprisonment, two years of suspended sentence, 40 hours of order to attend a lecture [limited to reasonable circumstances] serious reflect, or not less than a suspended sentence (any unsound circumstances] by shocking the central separation zone and detection of such sentence three times of a short-term drinking driving;