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(영문) 인천지방법원 부천지원 2014.12.29 2014고단3103
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 8, 2008, the Defendant issued a summary order of KRW 1,500,000,000 as fine for a violation of the Road Traffic Act, etc. at the Incheon District Court Branch Branch Branch Office, and on July 27, 2012, the same court issued a summary order of KRW 1 million as fine for the same crime.

On October 11, 2014, at around 23:03, the Defendant driven a B Poter II cargo vehicle with approximately KRW 1 km from the heart 3-dong community service center located in Seocheon-si, Seocheon-si to the front road of 71-dong, Jung-dong, Jung-dong, Nowon-gu, Seoul Special Metropolitan City, to the front road of 71-dong, Jung-dong, Jung-dong, Seoul Special Metropolitan City, with approximately 0.158% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the state of driving under the influence of alcohol drivers, and inquiry into the results of the control of drinking driving;

1. A written appraisal of blood alcohol concentration;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering circumstances, such as confessions, reflects, and absence of any record of punishment exceeding a fine due to the same crime);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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