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(영문) 인천지방법원 2013.08.14 2013고단3730
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 became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 13, 2006, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Branch on December 13, 2006, and on October 15, 2009, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Incheon District Court’s Incheon District Court’s Branch on seven occasions of the same kind of power including being issued a summary order of KRW 2 million.

【Criminal Facts of Crimes】 On June 6, 2013, at around 22:11, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol content of 0.123% at a section of approximately 200 meters from the commercial building in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon to the front day of the Cheongcheon-dong Cheongcheon-do Cheongcheon-do Association.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Feb. 1, 2006) (see, e.g., Supreme Court Decision 2006Da1248, Feb. 1, 20

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

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