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(영문) 인천지방법원 2014.04.24 2014고단205
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 9, 2013, at around 01:18, the Defendant driven BM5 car at a section of about 500 meters from the roads front of the mutual influence 624-95, in front of the mutual influence in Nam-gu Incheon, Nam-gu, Incheon, while under the influence of alcohol content of 0.256%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the detection of drinking drivers, the results of the crackdown on drinking driving, the report on the statement of the status of drinking drivers, the consent to blood collection, the request for appraisal of blood alcohol concentration, the request for appraisal, and the report on detection

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, suspended execution for two years, order of 40 hours required to attend a compliance driving lecture [fried circumstances] Defendant’s reflect [fried circumstances] on January 13, 201 and January 12, 2009, each of which was sentenced to a fine of 1.5 million won and one million won for violation of the Road Traffic Act (non-licenseless driving) at each Changwon District Court’s branch court on January 13, 201 and January 12, 2009; on March 28, 2008, from Suwon District Court’s Ansan Branch on the same crime at the Changwon District Court on February 24, 2006 to a fine of 1 million won and 2 million won for violation of the Road Traffic Act (limited to a fine of 5 million won and a fine of 5 million won for violation of the Road Traffic Act).

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