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(영문) 인천지방법원 2014.10.01 2014고단5614
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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 13, 2007, the Defendant received a fine of KRW 1.5 million from the Incheon District Court as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court; on November 30, 2007, a fine of KRW 3 million from the same court due to the same crime; and on March 23, 2010, a fine of KRW 3 million from the same court due to the same crime.

【Criminal Facts】

On July 21, 2014, at around 23:49, the Defendant driven B Poter Cargo Vehicles with approximately KRW 0.120% alcohol concentration from the 5km section from the front side of the Nam-gu Incheon Metropolitan City Jeju Island to the front side of the 446 "Aroma household" in Seo-gu Jeju Jeju Island.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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