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(영문) 인천지방법원 2013.11.18 2013고단2283
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 October 14, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on October 14, 2009, and on April 22, 2013, the same court was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving).

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving on a sound driving), was driving a k7-car under the influence of alcohol with a blood alcohol content of about 0.076% from May 3, 2013 to the front road of the 465 Earbandong-dong, Nam-gu, Incheon, Seonam-gu, Seoul at around 01:21, May 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (a copy of the same criminal record and 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, 201)

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

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