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(영문) 인천지방법원 2013.09.23 2013고단4915
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 became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 25, 2008, the Defendant received a summary order of KRW 5 million for the crimes of violation of the Road Traffic Act (Refusal of Measurement of Drinking Water) in Ansan District Court’s Ansan Branch on September 25, 2008.

【Criminal Facts of Crimes】 around 00:00 on July 27, 2013, the Defendant driven a Bsch Rexton car with a blood alcohol concentration of about 4 K Km from around 00:20 on the same day to the ZF Korea Road located in Bupyeong-gu, Incheon, Seocheon-dong 422 at around 00:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

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