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(영문) 인천지방법원 2013.11.04 2013고단5834
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant, at the Incheon District Court on May 12, 2009, issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and on January 7, 201, at the same court, issued a summary order of KRW 2.5 million for the same crime, respectively. On September 1, 201, the Defendant was sentenced to a fine of KRW 4 million for the same crime, etc.

As above, the Defendant, who was punished twice or more for the crime of violation of the Road Traffic Act, was driving a B rocketing car with blood alcohol content of about 0.121% from the 2km section from the restaurants in the Incheon Gyeyang-gu Incheon Gyeyang-gu to the roads in front of the history of the Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and report on the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, investigation reports (Attachment to previous records and copies of judgment, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution.

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