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(영문) 인천지방법원 2012.10.18 2012고합944

도로교통법위반(음주운전)

Text

The punishment against the accused shall be eight months of imprisonment.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on February 10, 201, and on May 3, 2010, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan

On August 12, 2012, 10:12, 10:12, the Defendant driven Cirst car under the influence of alcohol with a blood alcohol concentration of 0.081% from the 4km of Gyeyang-gu Incheon Metropolitan City to the 4km-dong, Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the status of drivers and investigation reports;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Discretionary mitigation: A previous conviction of the same kind, including the reason [limited circumstances] and radius of the punishment of Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as “unfavorable circumstances”), of the same kind of criminal records which are included in the suspended sentence or more;