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(영문) 인천지방법원 2014.06.26 2014고단754
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 January 14, 2014, at around 00:10, the Defendant driven a Brocketing car under the influence of alcohol of about 0.209% of blood alcohol concentration from around 19-6 to the same 700 meters away from the Do near the Incheon Bupyeong-dong Incheon Bupyeong-dong 19-6.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of drinking drivers, notification of the results of crackdown on drinking driving, circumstantial statements of drinking drivers, and application of Acts and subordinate statutes to the details of detection;

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 (limited to reasonable circumstances) for traffic crimes, the fact that there is no record of punishment heavier than a suspended sentence for traffic crimes, and the second time for drinking driving [limited to defective circumstances] the Defendant was planned to suspend his/her driver's license for 40 days in the original period from December 22, 2013 to January 30, 2014, but the above notice of suspension of license was returned to the absence of an addressee; the fact that there was a record of punishment for 2 million won for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act on January 22, 2009; the fact that there was a record of criminal records heavier than a suspended sentence; the fact that the Defendant had a high blood alcohol concentration (0.209%) of this case other than traffic crimes;

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