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(영문) 인천지방법원 2014.03.31 2014고단153
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 18, 2008, the defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on May 20, 2009, a summary order of 1.5 million won was issued by the same court as the same crime.

【Criminal Facts】

On November 24, 2013, at around 11:30, the Defendant driven a Maz car from around about 1 Kmm of the 1Km section from around the restaurant in the name of the Sinjin-si, Sinjin-si, Songjin-si, Sinjin-si to the Sonjin-si, Songjin-si, Sonjin-si, the Defendant was under the influence of alcohol concentration of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the results of the control of drinking driving and the actions taken against drinking drivers;

1. Articles 148-2 (1) 1 and 44 (1) of the Criminal Act concerning the relevant criminal facts, the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that there is reflectiveness, and that there is no other penalty power, other than the criminal records as stated above);

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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