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(영문) 인천지방법원 2013.05.23 2013고단1343
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 7, 2008, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 due to a violation of the Road Traffic Act (driving) and a fine of KRW 2 million on September 19, 2008 from the same court due to the same crime, etc. 4 times the same criminal records.

On March 6, 2013, the Defendant was a person with at least two times, who was punished for a violation of the Road Traffic Act (driving). On March 6, 2013, the Defendant driven C Poter vehicle under the influence of alcohol with a blood alcohol content of at least 0.080% from the entrance of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, to the entrance of the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc., investigation reports (a copy of summary order and attachment of a copy of judgment);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a sound driving does not lead to an actual traffic accident and the degree of the driving is not excessive);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation

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