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(영문) 인천지방법원 2015.06.10 2015고단1829
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] The Defendant was sentenced to a fine of three million won by the Suwon District Court on August 27, 2010 and seven million won by the same court on June 27, 2012 due to the same crime, etc.

【Criminal Facts】

On March 21, 2015, at around 02:50, the Defendant driven a Bbee or car owned by himself under the influence of alcohol content of about 0.182% from approximately 5km section from the front of the restaurant in the name of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the road of about 103 South-gu, Chungcheongnam-gu, Seoul, Germany-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: The application of criminal records, inquiry and other 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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