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(영문) 인천지방법원 2013.09.11 2013고단3834
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 became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On November 11, 2004, the Defendant was issued a summary order of KRW 700,000 by the Seoul Southern District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on February 16, 2006, issued a summary order of KRW 3.5 million for the same crime at the Incheon District Court.

【Criminal Facts】 On June 3, 2013, around 01:21, the Defendant driven a B LV vehicle with a blood alcohol concentration of about 0.219% under the influence of alcohol at around approximately 300 meters from the Seo-gu Incheon Seo-gu Office to the opening of the same Dong-dong Training Institute.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

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