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(영문) 인천지방법원 2014.07.17 2014고단3490
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on August 1, 2007, has the criminal records of a fine of two million won for the crime of violation of the Road Traffic Act and two million won for the same crime in the same court on May 27, 2014, respectively.

On May 4, 2014, at around 21:46, the Defendant driven B-low-scale car under the influence of alcohol with approximately KRW 600 meters alcohol concentration of 0.083% from the section of approximately 600 meters from the road near the king-dong Incheon Seo-gu, Incheon to the sea-grasium in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Criminal records, etc. inquiry reports, preliminary records, reports on the results of confirmation of dispositions, and the application of Acts and subordinate statutes to investigation reports (not less than twice the criminal records of drinking driving);

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. 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;

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 six months, a stay of execution for two years, and a stay of execution for 40 hours (limited to reasonable circumstances) for the same kind of suspension of execution [no criminal records are found to have been found to have been committed for drinking on April 30, 2014]; the fact that only one month has been discovered for drinking again; and the fact that one month has been suspended for drinking on September 23, 1997 due to intrusion upon residence and theft;

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