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(영문) 인천지방법원 2015.08.12 2015고단3434
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 April 6, 2010, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on April 6, 2010, and on January 11, 2013, the Defendant violated two times the prohibition of driving under the influence of alcohol by receiving a summary order of a fine of four million won for the same crime from the Incheon District Court.

On April 30, 2015, the Defendant, at around 23:39, driven a “SM7” vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.174% from 134 to 134 in front of the new interest school.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of standing and statement, and an appraisal report;

1. Previouss before ruling: Criminal records, reply reports, the same previous records, and the application of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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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