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(영문) 인천지방법원 2013.09.12 2013고단2770
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 6, 2011, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 600,000 for a violation of the Road Traffic Act, and on October 31, 201, the Seoul Southern District Court issued a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a violation of the Road Traffic Act.

On May 11, 2013, at around 00:49, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (MM7 car). On May 11, 201, the Defendant driven a BM7 car while under the influence of alcohol concentration of 0.094% in alcohol content from the front day of the alcohol house in the trade name in the Nam-gu, Incheon Metropolitan City-dong-dong-dong, Incheon to the road in front of the 1460-dong-dong 1460-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drunk driving, the report on the circumstances of drunk driving, and the circumstantial statement of the drunk driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of suspect's records of drinking driving at least twice);

1. Relevant Articles 148-2 (1) 1 (Article 148-2 (2) 1 of the Road Traffic Act (Article 148-2 (1) 1 of the same Act, which is written in indictment, shall be apparent that it is a clerical error) and 44 (1)

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2007);

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

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