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(영문) 인천지방법원 2013.09.04 2013고단3869

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 19, 2008, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court for a violation of the Road Traffic Act (driving). On January 25, 2007, the Defendant was sentenced to a fine of KRW 2 million by the Incheon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts of Crimes】 On June 22, 2013, around 23:14, 2013, the Defendant driven a Bnub car with a blood alcohol concentration of about 0.136% under the influence of alcohol at approximately 1.3km from the front of the Yannam-dong, Incheon, Seocheon-gu to the front road of the New Young Industrial Complex located in Seocheon-dong 374, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

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);