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(영문) 인천지방법원 2013.07.10 2013고단1663
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On June 20, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million by the Incheon District Court on the grounds of the violation of the Road Traffic Act, and the Defendant was sentenced to a suspended sentence of KRW 2.5 million by the same court on November 24, 2008 due to the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

【Criminal Facts】 Around March 14, 2013, the Defendant driven B low-paid car with a alcohol content of 0.105% under the influence of alcohol at approximately 5km from the front of Yeonsu-gu Incheon, Yeonsu-gu, Incheon to the front of the 351 literature-dong, Nam-gu, Incheon to the roads of the 351 literature-IC at approximately 0.105%.

around 03:15 on April 10, 2013, the Defendant driven B low-end car under the influence of alcohol content of 0.141% from the 1km section of the Yeonsu-gu Incheon Yeonsu-gu from the Cheongnam-dong, Yeonsu-gu, Incheon to the Cheongnam-dong 517-4.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a written report of the master driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following reason for sentencing) recognizes and reflects the Defendant’s mistake and reflects the Defendant’s reason for sentencing. In the case of a drunk driving on March 14, 2013 of the instant case, even though the blood alcohol content was 0.054%, it was favorable for the Defendant. However, despite the criminal records as stated in its reasoning, the Defendant was driving under the influence of alcohol twice, and the Defendant was investigated by the police on March 14, 2013 following the investigation by the police on April 10, 201, and the occurrence of a traffic accident, and the Defendant’s age and age.

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