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(영문) 인천지방법원 부천지원 2015.05.22 2015고단145
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 Power] The defendant, at the Incheon District Court on September 22, 2009, issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act (driving) at the Incheon District Court on September 22, 200, and the summary order

6. 21. The same court has been issued a summary order of 2.5 million won or more for the same offense.

【Criminal Facts】

On November 27, 2014, around 02:20 on November 27, 2014, the Defendant driven a bro vehicle under the influence of alcohol concentration 0.118%, with a distance of about 5m from 71m-ro to the road from the 71m-ro, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City to the same Gu-ro 71m-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the situation of drinking drivers, and report on the situation of drinking driving;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order and a copy of the same kind of case);

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 (see, e.g., Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is discovered when driving under drinking again even though the defendant could have shown the same kind of force as the defendant, and taking into account the defendant's drinking water level, etc., it is deemed that the crime is inferior. However, it is judged as ordered by taking into account all the sentencing conditions, such as the drinking driving distance, the defendant's age, character and behavior, and the

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