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(영문) 인천지방법원 2014.04.17 2014고단3
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 of the final judgment.

Reasons

Punishment of the crime

On June 8, 2012, the Defendant issued a summary order of 2 million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on 8 June 2012, and on September 17, 2010, the Defendant issued a summary order of 2 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on 20 million won and has three same kinds of power.

On November 10, 2013, the Defendant, while under the influence of alcohol of 01:10% of blood alcohol concentration, driven the C Poter in the name of approximately 500 meters from the front side of the agricultural road located in the Seo-gu Incheon Metropolitan Mungdong to the forest source located in the same Dong from the forest source located in the same Dong to the forest source located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver's report, and a written statement of the status of the drinking driver;

1. Application of Acts and subordinate statutes to reply to criminal records, etc. and investigation reports (Attachment to the summary order of the same criminal records);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend a compliance driving lecture (predified circumstances) by the defendant, and the fact that the defendant does not have any criminal record of a suspended sentence or heavier punishment (unfavorable circumstances) three times of drinking driving force;

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