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(영문) 인천지방법원 2014.10.29 2014고단6443

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 11, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and on June 2, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

On September 2, 2014, at around 00:21, the Defendant driven a B-hand car with a blood alcohol content of about 1k from the 1stm section of approximately 0.214% under the influence of alcohol, from the roads near East Mancheon-dong, Incheon, to the roads front of Samsungcheon-gu located in the same city, Nam-gu, Nam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act;

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