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(영문) 인천지방법원 2014.07.02 2014고단3282
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 20, 2008, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Youngcheon District Court’s Young-gu branch on May 20, 2008, and on April 29, 2014, on Incheon District Court filed a request for a summary order of KRW 4 million for a fine of KRW 1.5 million.

【Criminal Facts】

On April 15, 2014, the Defendant, while under the influence of alcohol of 0.095% of blood alcohol concentration, driven approximately 200 meters from the first day of the restaurant in the middle-gu Incheon Metropolitan City, Jungwon-dong, Jungwon-dong to the front day of the 245 Dowon-dong, Jungwon-dong, Incheon, with the BM5 vehicle under the influence of alcohol of 0.095%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 Decision 201Da1548, Apr. 1, 201);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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