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(영문) 인천지방법원 부천지원 2015.04.02 2015고단449
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

[Criminal Power] On July 31, 2009, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act by the Incheon District Court, and two million won as a fine from the Busan District Court’s Vice Branch on December 28, 2012 to the same crime.

【Criminal Facts】

On 24, 200:06 around 00:06, the Defendant driven a wing truck with B while under the influence of alcohol of about 0.146% of alcohol content at a section of about 500 meters from the mid-gu, Seocheon-gu, Seocheon-gu to the long-term, Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul, to the direction of 262-way.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries inquiry reports, and application of Acts and subordinate statutes, such as investigation records;

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (Consideration of sentencing favorable to the following)

3. Article 62 (1) of the Criminal Act (Reexamination of Sentencing favorable to the following grounds).

4. Although the reason for sentencing under Article 62-2 of the Criminal Act was three times the Defendant was punished by a fine for the same kind of crime, the sentence shall be determined by taking into account the following factors: (a) the Defendant reflects the instant crime and is scheduled to marry in July 2015.

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