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(영문) 인천지방법원 2015.09.23 2015고단4399
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 record] On June 25, 2012, the Defendant issued a summary order of 1.5 million won or more for the crime of violating the Road Traffic Act at the Incheon District Court, and on October 15, 2012, the Defendant issued a summary order of 4 million won or more for the same crime at the same court.

【Criminal Facts】

At around 22:40 on July 11, 2015, the Defendant driven B Sti-type vehicle from approximately 250 meters from the 66th day of Bupyeong-gu, Incheon to the 81st day of the same Gu, in a state of alcohol of 0.284% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to the same criminal records);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflection of the fact, and absence of any record of punishment sentenced to imprisonment without prison labor or heavier punishment);

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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