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(영문) 인천지방법원 2015.10.07 2015고단4864
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

[criminal power] On April 26, 2005, the defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on April 26, 2005, a summary order of KRW 1.5 million for the same crime at the Incheon District Court on October 19, 2006, and a summary order of KRW 3 million for the same crime at the same court on July 6, 2009.

【Criminal Facts】

On July 12, 2015, the Defendant, who had driven two or more times, driven a D’s motor vehicle with blood alcohol content of about 300 meters from the front of the same club street in the Dongdaemun-gu Incheon Metropolitan City, Nam-gu to the front of the family health clinic located in 97, Yongcheon-ro, Seoul, to the front of the family health clinic located in the same Gu-ro 97.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and a report on the status of the driving of a driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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 (i.e., reflection of the fact, and consideration for the fact that there exists no record of punishment of imprisonment without prison labor or more for the latest ten years);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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