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(영문) 인천지방법원 2013.06.20 2013고단1440
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 December 29, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on December 29, 2008, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on November 5, 2009.

As above, the Defendant, who had been punished twice or more for the crime of violating the Road Traffic Act, was driving B New-WoodD car under the influence of alcohol again at approximately 0.107% of alcohol content from the front of the opening distance in the Bupyeong-gu Incheon Bupyeong-dong 231 on March 10, 2013 to the front road of the East Zone 541 located in the Dong-dong 541, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions: Before disposition emergencies, reporting the results of confirmation, and applying Acts and subordinate statutes to investigation reports (Attachment, etc. of judgment 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009)

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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