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(영문) 인천지방법원 2015.04.22 2015고단747
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 8, 2006, the defendant was issued a summary order of KRW 3 million with fine due to a violation of the Road Traffic Act (driving) at the Busan District Court, on February 22, 2008, a summary order of KRW 1 million with fine due to a violation of the Road Traffic Act (driving) at the Busan District Court's Branch Branch of the Busan District Court, on September 18, 2008, a summary order of KRW 2 million with fine due to a violation of the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Busan District Court's Busan District Court's District on September 29, 2008, and on September 29, 2008, a summary order of KRW 1.5 million with fine for a violation of the Road Traffic Act (driving

【Criminal Facts】

On December 23, 2015, around 23:36, the Defendant driven a B low alcohol vehicle with approximately 200 meters alcohol level 0.104% alcohol level from the front day of the Nam-gu Incheon Nam-gu, Incheon, to the front day of the 6th Gangle Gangle Gangleppyp to the front day of the Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, and photographs related to vehicles;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., factors such as reflective points and the fact that the drinking value is very high);

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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