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(영문) 인천지방법원 부천지원 2013.05.08 2013고단485
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 July 6, 2010, the Defendant was sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch on July 6, 201, and on January 13, 201, the Defendant was sentenced to a fine of 3 million won for the crime of violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 13, 201,

On March 15, 2013, at around 20:33, the Defendant driven a BM3 vehicle under the influence of alcohol content 0.167% with approximately 1.5 km section from the Do near the upstream-dong, Seocheon-gu, Seocheon-gu, Seocheon-si to the same roads in front of the 373-dong, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous convictions: A criminal report (report accompanied by the relevant decisions), a copy of the judgment, and the application of two Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant reflects the mistake and that the accident does not occur due to driving under influence of alcohol);

1. Article 62 (1) of the Criminal Act (see, e.g., the foregoing circumstances and the facts that the defendant has no criminal records of suspended sentence or heavier);

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

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