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(영문) 인천지방법원 2014.07.09 2014고단3432
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] On September 16, 2008, the Defendant was issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act at the Sungnam branch of the Suwon District Court, from March 16, 2009 to a fine of KRW 1,50,000,000,000,000,000,000,000,000,000 won for the same crime at the Suwon District Court on November 12, 2010.

【Criminal Facts】

On March 11, 2014, at around 01:50, the Defendant driven a motor vehicle with blood alcohol concentration of about 14 km from the Shabbabba restaurant parking lot in which it is impossible to identify the trade name located in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, to the road at the 10.1km point in the Seoul direction of the New Airport Highway located in the same Jung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Data output of data from the measuring apparatus of drinking alcohol;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of records of drinking driving not less than twice);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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