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(영문) 인천지방법원 2013.11.04 2013고단5985
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant, at the Incheon District Court on June 30, 2006, is punished by a fine of four million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and the same year.

7. A person who has been sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act on October 10, 201, and a fine of KRW 4 million for a violation of the Road Traffic Act on June 9, 2010.

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and was under the influence of alcohol content of 0.138% on August 19, 201, driving a car in the B 100-meter B ccoon from the front of the Environmental Research Institute in Jung-gu, Incheon, Jung-gu to the front of the road located in the same new interest dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements;

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

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 on the suspended execution.

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