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(영문) 인천지방법원 2014.10.27 2014고단6446

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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On March 31, 2011, the Defendant was issued a fine of three million won for a violation of the Road Traffic Act at the Incheon District Court and a summary order of three million won for the same crime at the same court on January 25, 2013, respectively.

【Criminal Facts】

On August 12, 2014, at around 17:17, the Defendant driven a B-learning car under the influence of alcohol with approximately 2 km alcohol concentration of 0.152% from the front of the airport new city in Jung-gu Incheon Metropolitan City, Jung-gu to the front road of the Incheon T-dong in the same Young-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statement of the driver under the influence of alcohol;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of judgment, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for not less than eight months, suspension of execution two years, community service, 80 hours, 40 hours in order to attend a lecture [fluence] The fact that there is no criminal record of the suspension of execution or higher due to traffic crimes (fluence circumstances] 1.5 million won as a result of a violation of the Road Traffic Act on February 5, 199, in addition to the criminal records stated in the judgment, which are discovered to be diving within the vehicle above the front of Tolthy, and all of the criminal records, a fine of not less than 1.5 million won as a result of a violation of the Road Traffic Act on December 18, 200, a fine of not more than 1.5 million won as a fine for the same crime on November 4, 2005, and a fine of not less than 700,000 won as a fine for a violation of the Road Traffic Act on February 13, 2007 and June 25, 2008.