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(영문) 인천지방법원 2015.10.07 2015고단4861
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

[Criminal Power] On August 11, 2009, the Defendant received a fine of KRW 2 million from the Incheon District Court for a crime of violation of the Road Traffic Act (driving) at the Incheon District Court, a fine of KRW 2.5 million for the same crime at the Seoul Southern District Court on January 22, 2010, and a fine of KRW 7 million for the same crime at the Seoul Southern District Court on October 14, 201.

【Criminal Facts】

On June 3, 2015, around 05:20 on June 3, 2015, the Defendant driven B 2 freezing 2 while under the influence of alcohol concentration of about 0.131% from the 1km section of approximately 1km to the front road of the Yeonsu-gu Office Building distance, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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