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(영문) 인천지방법원 2014.07.23 2014고단3828

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

On July 3, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on February 12, 2010, a summary order of KRW 250,000 as a fine at the Suwon District Court was issued on the same crime.

On February 28, 2014, at around 00:33, the Defendant driven BM5 car under the influence of alcohol with approximately 0.148% alcohol concentration from the 4 Km section of approximately 4 KK to the front of the 9 Esongdong-dong, Yeonsu-gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal, and each report on client's actions;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;