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(영문) 인천지방법원 2014.04.09 2014고단428

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

【Criminal Power】 On April 13, 2010, the Defendant issued a summary order of KRW 2 million at the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court on November 16, 201.

【Criminal Facts】 On December 26, 2013, at around 00:36, the Defendant driven a BM5 vehicle while under the influence of alcohol with approximately 10 meters of alcohol content 0.067% at a distance of 10 meters from the Guro-gu, Incheon Metropolitan City to the front road of the National Statistical Office located in the same 1460.

Summary of Evidence

1. Defendant's legal statement;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the punishment is contradictory, the fact that the fine exceeds the fine, the fact that there is no record of heavy punishment, and the numerical value, etc. of blood alcohol concentration at the time of committing the instant crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;