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(영문) 인천지방법원 2015.04.02 2015고단360
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 December 30, 2010, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court, and on March 22, 2013, the same court issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act.

On December 8, 2014, at around 23:37, the Defendant driven a B low-speed car with approximately 300 meters alcohol concentration of 0.169% under the influence of alcohol from the front of the Yongsan-dong National Bank of Yong-gu Incheon Metropolitan City to the front road of the 63 king Gambro, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, the report on the status of the driver, the report on the actions against the driver, and the report on the appraiser;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the reflective points and the fact that there is no serious criminal history exceeding the fine);

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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