(영문) 인천지방법원 2014.05.15 2013고단1970

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(영문) 인천지방법원 2014.05.15 2013고단1970

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 November 10, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on November 10, 2008, and was sentenced to a fine of 2.5 million won for the same crime, etc. at the Seoul Central District Court on March 23, 2009.

On April 5, 2013, at around 02:00, the Defendant driven B rocketing car with a blood alcohol content of about 0.139% from around 300 meters away from the front of a mutually French restaurant located in the Southern-gu Incheon Metropolitan City State, to the front of the 465 Earbian funeral hall.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of the driving of drinking alcohol, the report on the state of the driving of drinking alcohol, the report on the state of the driver of drinking alcohol, the written consent to blood collection, the request for appraisal of blood alcohol concentration, and the request for appraisal;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (same previous and summary orders);

1. Relevant Articles 148-2 (1) and 148-2 (1) and 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: Six months of imprisonment, two years of suspended sentence, 40 hours of order to attend a compliance driving lecture [w] and the fact that there is no criminal record of a suspended sentence or heavier punishment for the same crime [w], 4 times of drinking driving records; and

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