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(영문) 인천지방법원 2014.07.03 2014고단3210
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 of the final judgment.

Reasons

Punishment of the crime

On April 19, 2014, the Defendant, while under the influence of alcohol 01:32% of blood alcohol concentration, driven approximately 3 km from the roads near the Dowon Station located in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, to the roads front of the private house station located in Jung-gu, Incheon, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the detection of drinking drivers (based on the results of appraisal, reporting on the situation of driving under alcohol, request for appraisal of blood alcohol concentration, request for appraisal, and report on detection of drinking drivers (based on the results of appraisal);

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service, 80 hours, 40 hours in order to attend a lecture [free circumstances] the reflectivity of the accused, social ties, family support (unfavorable circumstances] 2007 and 2005, each of which was issued a summary order of 1.5 million won (084% in blood alcohol concentration, 0.180% in each case), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 193, violation of the Road Traffic Act in 193, and violation of the Road Traffic Act, and there has been records of having been punished of imprisonment for eight months, suspension of execution for one year, 100,000 won in fines, and the high blood alcohol content of the instant high blood alcohol content;

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