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(영문) 인천지방법원 2014.06.26 2014고단3011
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 of the final judgment.

Reasons

Punishment of the crime

On November 19, 2007, the Defendant issued a fine of 1.5 million won for a violation of the Road Traffic Act at the Incheon District Court on November 19, 2007, and a summary order of 700,000 won for a violation of the Road Traffic Act (unlicensed driving) in the same court on April 10, 208, respectively.

On April 13, 2014, at around 21:45, the Defendant driven a B-hand car with a blood alcohol concentration of about 700 meters from the front of the Yeonsu-gu Incheon Metropolitan City Egypt apartment road to the front of the same lotet.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and statement on the state of driver under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and 40 hours in the vicinity of the place where the order to attend a lecture was detected by the substitute driver (contributed circumstances). The substitute driver placed his vehicle in a horse dispute with the defendant as it is and was discovered in the course of driving by the defendant. The fact that there is no criminal record other than the crime under the Road Traffic Act (influence circumstances), except for the violation of the Road Traffic Act (influence) on November 19, 207, there is a record of being sentenced to each summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (unlicensed driving) on April 10, 208, and the concentration of high blood alcohol in this case.

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