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(영문) 인천지방법원 2014.11.06 2014고단6619
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 August 17, 2010, the Defendant issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act at the Incheon District Court on August 17, 201, and on March 11, 2008, a summary order of 1 million won or more for the same crime at the same court on March 11, 2008.

On August 18, 2014, at around 00:40, the Defendant driven a B Mart car with a blood alcohol content of 0.066% from approximately 20 meters away from the front road of the Gu citizen center located in the Southern-gu Incheon Metropolitan City, to the front road of the 666-day Emp car, as it was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

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, a stay of execution for two years, and an order to attend a lecture for 40 hours (limited to reasonable circumstances) and there is no record of crime subject to suspended execution or more, and there is a record of punishment for a fine of seven times due to drinking or non-licensed driving;

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