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(영문) 인천지방법원 2014.09.24 2014고단5391
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

[Criminal Power] The Defendant was sentenced to a fine of KRW 3.5 million at the Incheon District Court on August 17, 2009 for a violation of the Road Traffic Act (driving) and was issued a summary order of KRW 3 million on January 27, 2012 for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 9, 2014, the Defendant was under the influence of alcohol of 0.190% of blood alcohol concentration 0.190% on July 12, 2014, and driven approximately 500 meters from the front of the Seohae apartment complex 3rd 40 m, Seogu-ro, Incheon, Seo-gu, Seo-gu, to the front of the end-side restaurant, which is located 505 way away from the 500-meter section.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (former and confirm);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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