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(영문) 인천지방법원 2013.07.25 2013고단1965

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 February 12, 2010, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on February 12, 2010, and a fine of KRW 4,000,00 as a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Road Traffic Act (Free Driver) at the same court on April 15, 201.

On March 24, 2013, the Defendant, as a person with at least two times of alcohol driving skills, driven a B B tezine car with a blood alcohol content of at least 0.210% under the influence of alcohol level from around 800 meters from the 3rd Dong-dong, Incheon Metropolitan City to the 202nd roads of the same Dong-dong, Song-dong, 3rd Dong-dong, Incheon Metropolitan City. < Amended by Act No. 11614, Mar. 24, 2013>

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Previouss: Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspended execution.