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(영문) 인천지방법원 2014.08.14 2014고단4043
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

[criminal power] On November 10, 2006, the defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on November 10, 2006 and the above court on December 28, 2009 as a fine of KRW 2 million for the same crime.

【Criminal Facts】

On June 1, 2014, at around 00:30, the Defendant driven a 100-meter B-beer or car in the vicinity of the brick gate in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with a 0.172% alcohol concentration around 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on detection of a driver under the influence of alcohol, documents requesting appraisal of blood alcohol concentration, documents requesting appraisal, report on the circumstantial statement of a driver under the influence of alcohol, and electronic documents;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (former and attachment of 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. 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 40 hours (limited to reasonable circumstances) of the defendant's reflect on his/her order to attend a lecture; 6. The defendant's reflect on his/her drinking driving three times;

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