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(영문) 인천지방법원 부천지원 2014.04.23 2014고단474
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 January 27, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch on January 27, 2010, and a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) on October 8, 2010, and thus violated the prohibition of drinking driving more than twice.

On February 21, 2014, at around 01:38, the Defendant driven BMW car under the influence of alcohol content 0.149% at a distance of approximately 8 meters from the 3rd road in the upper dong-gu, Seocheon-si, Seocheon-si to the 69th road in the same Gu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;

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;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and consideration of circumstances, such as the absence of any record of punishment exceeding a fine);

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

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