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(영문) 인천지방법원 2015.04.23 2015고단1055
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 17, 2011, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on January 6, 201, and the said summary order became final and conclusive on January 6, 2012. On November 22, 2012, the above court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act, and the said summary order became final and conclusive on January 5, 2013.

On February 1, 2015, at around 21:15, the Defendant driven a rash car with a blood alcohol concentration of about 0.254% from the 10-meter section in the direction of the Bupyeong-gu Incheon Bupyeong-gu market from the road parking lot in front of the Bupyeong-gu market to the Bupyeong-gu market.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of the results of inquiry, results of confirmation before the disposition, copies of summary order, investigation report (Attachment of a copy of summary order) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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