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(영문) 인천지방법원 2013.07.11 2013고단1755
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 November 6, 2006, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch on November 6, 2006, and on October 21, 2008, the Defendant was issued a summary order of KRW 2.5 million for the same crime in the Suwon District Court's Ansan Branch on October 21, 2008.

On March 13, 2013, around 08:12, the Defendant, who was punished twice or more due to drunk driving, was driving a B-hurd motor vehicle with a blood alcohol content of approximately 0.141% under the influence of alcohol in approximately 3km from the Do in front of the Gyeyang-gu Incheon Gyeyang-gu, Incheon to the front road of the autopsy distance.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report accompanied by a summary order);

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 or 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.

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