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(영문) 인천지방법원 2014.06.16 2014고단214
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

At around 00:30 on December 4, 2013, the Defendant driven B Mt Motor Vehicle at approximately 5km from the vicinity of the Seo-gu Incheon Family to the point of 11.8km in Seoul, Seo-gu, Seo-gu, Incheon, Seo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of a host driver and reports on detection of a host driver;

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

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;

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, suspended sentence for two years, 40 hours (free circumstances) other than fines for two times, the fact that there is no other criminal history (unfluent circumstances), the detection by shocking the protective wall due to drinking driving, the high blood alcohol concentration (0.214%) of this case, and the fact that on March 14, 2007, there is a record of being issued a summary order of 1.5 million won by a fine from this court for a violation of the Road Traffic Act (driving) (the blood alcohol concentration of 0.118%).

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