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(영문) 인천지방법원 부천지원 2014.10.24 2014고단2297

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 201, the Defendant received a summary order of KRW 2 million from the Incheon District Court's Busan District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act, and KRW 7 million from the Incheon District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act. < Amended by Act No. 11448, Feb. 23, 2012>

On August 26, 2014, at around 23:40, the Defendant driven a B Car under the influence of alcohol content of 0.164% from the section of approximately 900 meters to the end of 00:03 on the following day, from the fluoral road, to the end of 137:03 on the street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driving under the influence of alcohol, report on detection of a driver under the influence of alcohol, inquiry into the results of the control of a driving under the influence of alcohol, and written appraisal of concentration

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same attached records);

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., Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;