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(영문) 인천지방법원 부천지원 2014.05.02 2014고단238
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2009, the Defendant received a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on November 16, 2009, and received a fine of KRW 3 million for the same crime in the same court on January 15, 2010.

On January 19, 2014, around 08:40, the Defendant driven a B K5 vehicle while under the influence of alcohol content of about 1.16 km from the section of approximately 1.16 km from the public parking lot located in Bupyeong-si, 1115 to the telephone station distance of about 39 km-si, Seocheon-si, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on host driver, a written report on the status of a host driver, a enforcement photograph, and a written report on request for appraisal;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, such as the confession of the crime in this case and the reflection thereof);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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