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(영문) 인천지방법원 2013.12.16 2013고단7148
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 24, 2009, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 24, 2009, and on September 30, 2013, the Defendant issued a summary order of KRW 5 million by the same court as a crime of violation of the Road Traffic Act (driving).

On September 17, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and driven BM5 vehicles under the influence of alcohol concentration of about 0.105% from a 500-meter section of blood alcohol content to the 317th day of the Song-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

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 circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal records records (attached to a summary order of the same kind of power);

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 (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 201);

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

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