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(영문) 인천지방법원 2013.06.13 2013고단1342
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

1. On February 26, 2013, the Defendant: (a) driven a motor vehicle B BB B, under the influence of alcohol content 0.089% from around approximately 200 meters to the front road of the same Gu, from around 22:26, 2013, the Defendant was under the influence of alcohol at approximately 0.089% from the area near the Yeonsu-gu Incheon Yeonsu-gu Sports Complex to the front road of the same Gu Sports Complex.

2. On March 6, 2013, the Defendant committed a crime on September 21, 2012, and received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million on October 19, 2012, which became final and conclusive on October 19, 2012, and driving a motor vehicle under the influence of alcohol on or around February 26, 2013, as described in paragraph (1).

As above, the Defendant committed a crime of violation of the Road Traffic Act more than twice, and driving a BM-B motor vehicle in the state of alcohol 0.107% under the influence of alcohol again from around 300 meters away from the 00:11 on March 6, 2013 to the 581nd road of the Yeonsu-gu Incheon Dong-dong, Yeonsu-gu, Incheon to the 300m-dong 581nd road.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving each driving under the influence of alcohol and making the results of regulating drinking under the influence of alcohol;

1. Previous convictions: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes concerning criminal investigation reports (report accompanied by summary order);

1. Relevant laws concerning criminal facts on February 26, 2013: The occupation of a drunk driving on March 6, 2013 under Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the punishment heavier than that provided for in the crime of violation of the Road Traffic Act due to drunk driving on February 26, 2013 shall be aggravated, but the punishment shall be aggravated within the scope of the total of the maximum term of each crime);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da15488, Apr. 2, 2008) (1))

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