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(영문) 인천지방법원 2014.07.03 2014고단3285
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 February 12, 2009, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on February 12, 2009, and on October 1, 2010, the Defendant was issued a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Incheon District Court's Incheon District Court.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as stated in criminal power, at around 103:12 on May 10, 2014, the Defendant driven a B SP car while under the influence of alcohol content of about 0.172% in the section of about 4km from the front of the operations station located in the Incheon Gyeyang-gu Operation Dong, Incheon, Seo-gu, Seo-gu, Incheon to the front of the Sck Scke street.

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 report on the status of the driver under the influence of alcohol;

1. Application of Acts and subordinate statutes to replys to criminal records, etc., investigation reports, and filing of criminal records, etc.;

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. 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: Imprisonment with prison labor for six months, a stay of execution for two years, and an order to attend a lecture for 40 hours [worl circumstances] that there is no record of crime heavier than a stay of execution (unfavorable circumstances] higher blood alcohol concentration (0.172%) of this case;

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