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(영문) 인천지방법원 2013.09.05 2013고단2981
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

On July 18, 2008, the Defendant was issued a summary order of KRW 2 million from the Incheon District Court as a crime of violation of the Road Traffic Act (driving) and KRW 3 million from the Incheon District Court's Vice Branch on July 26, 2010 to the same crime, respectively.

On May 9, 2013, the Defendant, who had been punished twice or more due to drinking driving, driven a B Meteme car with approximately 0.151% alcohol concentration on the front of a pay parking lot located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, 460-dong, Bupyeong-gu on May 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on circumstantial statements, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes on criminal history records, inquiry, etc. and investigation reports (report accompanied by a copy of a summary order);

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 2009Da15448, Apr. 1, 2007);

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

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