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(영문) 인천지방법원 2015.06.18 2015고단2344
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 June 3, 2008, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Incheon District Court on June 28, 2008, and the above summary order became final and conclusive on June 28, 2008. On October 2, 2013, the above summary order was issued on November 8, 2013 by the same court as a fine of two million won as a crime of violation of the Road Traffic Act.

On February 14, 2015, at around 23:00, the Defendant driven a DNA car while under influence of alcohol of about 50 meters from the 50-meter section of alcohol alcohol concentration to the front road of the Gyeyang-gu, Incheon Metropolitan City, the Gyeyang Fire Station, located in 774 as the funeral of Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of his/her oral statement, and electronic documents and reports on the state of his/her driver;

1. The application of Acts and subordinate statutes to a report on the results of the drinking driving control, and a report on blood alcohol appraisal;

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 fact that it reflects the depth of criminal conduct and that it has no 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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