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(영문) 인천지방법원 부천지원 2014.02.14 2013고단3463
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 December 1, 2011, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at Seoul Southern District Court, and a summary order of KRW 1.5 million by a fine at the same court on July 18, 2013.

On December 13, 2013, at around 00:15, the Defendant driven a B-Ad vehicle under the influence of alcohol content of about 0.141% at a section of about 30 meters from the roads near the Nowon-gu, Seocheon-gu, Seocheon-gu to the roads of about 531-6, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, investigation reports, and other Acts and subordinate statutes (attached to summary orders of the same and similar kinds of suspects);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that an accident does not occur due to the driving of a motor vehicle, and the fact that the defendant commits an offense against his/her wrongness);

1. Article 62 (1) of the Criminal Act (see, e.g., the foregoing circumstances and the facts that the defendant has no criminal records of suspended sentence or heavier);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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