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(영문) 인천지방법원 2014.05.26 2014고단518
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 8, 2008, the defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Incheon District Court on January 8, 2008, and on January 28, 2009, the Incheon District Court received a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act.

On December 22, 2013, at around 01:34, the Defendant driven BM5 car in the state of alcohol alcohol concentration of approximately 0.161% from the 1km section from the front of the Sejong-dong-dong-gu Incheon Metropolitan City, Incheon, to the Swiss Industrial Complex located in 414, Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, the results of crackdown on driving under the influence of alcohol, and the report on the status of the driver under the influence of alcohol;

1. Inquiry reports on criminal records, etc., investigation reports (attached to a summary order), and application of Acts and subordinate statutes of the summary order;

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: Six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend a compliance driving lecture [w] reflect on the accused, or the fact that the accused does not have any criminal record beyond a suspended sentence (unjustifiable circumstances] three times of drinking driving force;

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