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(영문) 인천지방법원 부천지원 2015.05.11 2015고단562
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 18, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2.5 million as a fine in the same court on April 15, 2008.

On February 13, 2015, at around 22:10, the Defendant driven a vehicle Bwing-III with approximately 8km section from the front day of the Gungpo-gu Gungpo-gu Gungpo-si Gungpo-si Gungpo-si, Jeju, to the front day of the “Grain Livestock” located in the Gungpo-gu, Yangpo-si, Jeju-si, Jeju-si, Jeju-si, with a blood alcohol concentration of 0.182% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a summary order appended to criminal records of a suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

3. The sentencing of Article 62(1) of the Criminal Act (including the following favorable circumstances) reflects the error of the accused, and the fact that there is a previous conviction of the fine.

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