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(영문) 인천지방법원 2013.06.27 2013고단1528
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

The Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Incheon District Court on July 29, 2008, and was sentenced to a fine of two million won for the same crime at the Incheon District Court on August 31, 2010, and was sentenced to a fine of three million won for the same crime on January 25, 201.

As above, the Defendant, who had been punished twice or more due to drinking driving, once again drive B Cost Corpicking at around 06:00 on March 13, 2013, under the influence of alcohol content of about 5km from approximately 0.109%, from the front of the operational station in the Gyeyang-gu Incheon Gyeyang-gu, Incheon to the front of the Asian Stak Stung-dong located in Seo-gu, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous records: Application of inquiry reports including criminal records, and investigation reports (report accompanied by a summary order) Acts and subordinate statutes;

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 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation

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