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(영문) 인천지방법원 2015.06.03 2015고단1658
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 record] On December 28, 2007, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court. On July 15, 2013, the Defendant was issued a summary order of 4 million won by the same court as the same crime. On April 1, 2014, the Defendant was issued a summary order of 6 million won by the same court.

【Criminal Facts】

around 03:30 on March 26, 2015, the Defendant driven B golf 2.0 automobiles from approximately 2 km to around 124-92 on the front side of the Seo-gu Incheon Western apartment to the road of 0.138% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the results of the control of drinking driving and the situation of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, and investigation reports (attached to the same type criminal records) Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective facts and absence of any record of punishment sentenced to imprisonment without prison labor or heavier punishment);

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;

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