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(영문) 인천지방법원 2014.05.15 2014고단1072
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 of the final judgment.

Reasons

Punishment of the crime

On January 10, 2014, at around 23:10, the Defendant driven CA car from the front side of the parking lot B B B B B 1205, Nam-gu, Incheon to the front day of the same 106-ro 106-ro, Nam-gu, Incheon, with a alcohol content of 0.343%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of crackdown on drinking driving and the statement on the status of drinking drivers;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspended sentence, community service order 80 hours, 40 hours of the order to attend a compliance driving lecture [fried circumstances] Defendant’s reflector, or the fact that there is no criminal conviction above the suspended sentence [fried circumstances] on July 4, 201, 6 million won of a fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and one million won of a fine on February 8, 2012 and November 25 of the same year; and one million won of a summary order issued on each of the violation of the Road Traffic Act (unlicensed Driving). The high blood alcohol concentration (0.343%) of the instant high blood alcohol content (0.343%).

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