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(영문) 인천지방법원 2013.09.05 2013고단3135
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 17, 2009, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch on July 17, 2009, and on February 5, 2008, the Defendant was sentenced to a fine of 1.5 million won for the same crime in the same court, and there was two same records and no certain occupation.

On May 31, 2013, the Defendant, as a person who had been punished twice or more due to drinking driving, driven B rocketing car at approximately 100 meters from the front side of the drinking elel in Seo-gu Incheon, Seo-gu, Incheon, under the influence of alcohol content of 0.081% on May 31, 2013 to the front side of the National Bank.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to the same criminal records and judgments);

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution.

1. Social service order under Article 62-2 of the Criminal Act;

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