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(영문) 인천지방법원 2014.05.12 2014고단1531
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 January 8, 2008, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act at the Incheon District Court on January 8, 2008, and a fine of one million won on January 19, 201 by the same court.

On February 7, 2014, at around 01:19, the Defendant driven a B knex car in front of a high-speed terminal located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with approximately 2 km from the top of the same Gu to the top of 510, south-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the status of driving under drinking, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former records and attachment of judgment);

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. 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, a stay of execution for two years, an order to attend a compliance driving lecture for 40 hours (shortly under the circumstances), the defendant's reflector, and the fact that there is no criminal record of a suspended sentence or heavier punishment related to the same crime (unfavorable circumstances) drinking and a majority

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