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(영문) 인천지방법원 부천지원 2013.05.09 2013고단457
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 13, 2008, the Defendant received a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act from the Incheon District Court's Busan Branch on May 13, 2008. On December 3, 2009, the Defendant was sentenced to a suspended sentence of one year for four months due to a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court's Ansan Branch on December 3, 2009. On March 12, 2013, the Defendant was driving a Bppon car under the influence of 0.158 percent of the blood alcohol concentration on the street of 531-1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the circumstantial report on drinking drivers, and the report on the status of drinking drivers;

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (a summary order of the same criminal records, and attachment of a copy of judgment) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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