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(영문) 인천지방법원 2014.05.12 2013고단7310
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

[criminal power] On February 9, 2010, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for a violation of the Road Traffic Act (driving). On November 4, 2010, the Defendant was issued a summary order of KRW 5 million by the same court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 25, 2013, at around 20:35, the Defendant driven a clater vehicle under the influence of alcohol concentration of 0.252% from the front of the Seo-gu, Seo-gu, Incheon Central District Office to the front of the same public water supply facility in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Apr. 1, 201>

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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