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(영문) 인천지방법원 2014.09.03 2014고단4855
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

On September 22, 2008, the Defendant was sentenced to a summary order of a fine of three million won for the crime of violating the Road Traffic Act at the Incheon District Court, and on October 6, 2008, the Defendant was sentenced to a suspended sentence of two years for four months by imprisonment with prison labor for the same crime at the same court.

On April 18, 2014, at around 00:25, the Defendant driven a B NAS car under the influence of alcohol with approximately 1km alcohol concentration of about 0.126% from the front Do in the Nam-gu Incheon Metropolitan City, 159-3 UAS apartment to the front 308-10th Do in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflective factors, such as reflective points and interval between previous penal power and previous penal power);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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