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(영문) 인천지방법원 2015.08.20 2015고단3672
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 November 29, 2007, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Incheon District Court on November 29, 2007, and a summary order of KRW 1.5 million due to the same crime in the same court on October 7, 2010, respectively. On May 20, 201, the Defendant was sentenced to a fine of KRW 5 million due to the same crime in the same court.

On May 6, 2015, at around 04:30, the Defendant driven B body-man car under the influence of alcohol 0.190% from the section of approximately 200 meters to the front of the inspection distance located in the same route, from the road of 459-rom, Seo-gu Incheon, Seo-gu, Incheon, to the inspection distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, results from inquiry into criminal records, investigation reports (Attachment to previous records and copies of judgment, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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

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