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(영문) 인천지방법원 2014.04.28 2013고단7912
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 November 18, 2013, at around 00:35, the Defendant operated a B car under the influence of alcohol concentration of approximately 0.225% from approximately 3km to the front road of the entrance of a desired river located in the Bupyeong-gu Incheon Bupyeong-dong 529, Bupyeong-gu, Incheon, Bupyeong-gu, to approximately 768, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and records of the crackdown;

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, an order to attend a lecture for 40 hours (limited to reasonable circumstances), the reflectivity of the defendant, or the fact that the defendant has no criminal records of a stay of execution for a period of imprisonment for a period of not less than 10,000 won (limited to unsound circumstances) (one time of a fine of 2.5 million won) on May 12, 201, and the blood alcohol content (0.

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