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(영문) 인천지방법원 부천지원 2014.03.14 2014고단122
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2013, at around 12:15, the Defendant driven a B-to-purd vehicle with approximately 8 km section from the Do located in the Nowon-gu, Seocheon-si, Seocheon-si, Kimpo-si to the front day of the Seoul except for Seoul-to-Seoul Highway, Kimpool Kimpo-si, with a blood alcohol content of about 0.295%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial report on a drinking driver, an investigation report (for the purpose of applying the Tramark formula), a report on detection of a drinking driver, and a report on the results of the crackdown on drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (all circumstances, such as the confession of and reflect on a criminal conduct, and the absence of any record of punishment after 197);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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