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(영문) 인천지방법원 2015.08.27 2015고단3997
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 January 22, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on January 22, 201, and on July 21, 2011, the Defendant violated two times the prohibition of driving under the influence of alcohol by being issued a summary order of KRW 1 million with the same crime, etc. at the Incheon District Court on July 21, 201.

On May 10, 2015, at around 02:26, the Defendant driven a “SM 3” car with approximately 4 km alcohol concentration of approximately 0.127% from the old world in front of the 95-10 juju basin in the Nam-gu Incheon Metropolitan City, to the old street (170-ro) in front of the construction of Jung-gu, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the placement of facilities prior to running a driving, and a report on the actual status of a driver of a driving house;

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

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, the same previous records, and the application of Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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

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