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(영문) 인천지방법원 2014.07.17 2014고단3178
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 April 25, 2014, at around 01:05, the Defendant driven a BF rocketing car under the influence of alcohol with approximately 200 meters alcohol content 0.243% from the Do in front of the wedding hall located in the Southern-gu Incheon Metropolitan City State, to the front road of the earbaking hall located in the same 465.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the results of crackdown on drinking driving, the status of driving under the influence of alcohol, and the circumstantial statements of drivers under the influence of alcohol;

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

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: Imprisonment with prison labor for six months, a stay of execution for two years, and an order to attend a lecture for 40 hours [worl circumstances] that there is no record of crime subject to a stay of execution or higher [fluored circumstances] (which has the record of being punished as a fine for each of the high blood alcohol concentration, drinking and non-licensed driving of this case

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