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(영문) 인천지방법원 2013.11.25 2013고단6579

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 28, 2007, the Defendant issued a summary order of a fine of three million won at the Busan District Court due to a crime of violation of the Road Traffic Act (driving). On January 7, 2009, the Defendant was sentenced to imprisonment of eight months for a crime of violation of the Road Traffic Act (driving) at the Busan District Court, and the same power is four times.

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving on a sound driving), driven Bpppppon vehicle from the section of about 300 meters at the 300 meters away from the road in front of the Southern-gu Incheon Metropolitan City, which was under the influence of alcohol concentration of 0.131% on August 29, 2013 to the road front of the 300-meter Public Security Center in the 738th Dong-dong of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Requests for appraisal of blood alcohol concentration and requests for appraisal;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to attached records of the same kind of ruling);

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 201Da1548, Apr. 1, 201)

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