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(영문) 인천지방법원 부천지원 2013.09.13 2013고단1016
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

On May 28, 2008, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 29, 2008, a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch Branch of Suwon District Court on July 29, 2008, and on October 13, 2008, a summary order of KRW 4,00,000 was issued by the Seoul Central District Court on October 13, 2008.

Although the Defendant had had a record of drinking twice or more as above, on May 22, 2013, at around 22:30, the Defendant driven a car owned by Aju Capital Co., Ltd. 43.0, in a state of under the influence of alcohol content of approximately 0.071% from the section of approximately 200 meters from May 22, 2013 to the front road of approximately 544-7.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Previous records: Application of criminal records, etc. and investigation reports (verification reports on drinking records at least twice) Acts and subordinate statutes;

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 (All circumstances, such as the fact that the previous record of a drunk driving was about five years before the previous record of a drunk driving, that the Defendant’s blood alcohol concentration was relatively high, and that the Defendant’s blood alcohol concentration was led to the confession of the instant crime and reflects on the instant crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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