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(영문) 인천지방법원 2014.09.04 2014고단4194
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

On May 2, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Incheon District Court on May 2, 2012, and a fine of two million won for the same crime at the Seoul Central District Court on August 14, 2009.

On June 6, 2014, at around 21:30, the Defendant driven a B Sti-type car with a blood alcohol content of about 2 km from the road in front of the French-gu Incheon Jung-gu to the road in front of the same Gu-ro 705 North-ro, Jung-gu, Incheon, with the alcohol content of about 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 40 hours (limited to reasonable circumstances) of a stay of execution or more; high blood alcohol concentration; repeated drinking driving in a short period;

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