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(영문) 인천지방법원 부천지원 2014.06.13 2014고단719
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

On July 31, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 31, 2007. On September 4, 2012, the Defendant was sentenced to a fine of two million won for the same crime.

On March 9, 2014, at around 00:23, the Defendant driven BMW car in the state of alcohol of about 200 meters in blood alcohol concentration of around 0.150% from the 200-lane to the 17th road, as it was transmitted within the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of the control of drinking driving, a report on the driving of alcohol, and an appraisal report on the concentration of blood alcohol;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (verification of criminal records of the same kind as a suspect);

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 (all circumstances, such as the confession of a criminal conduct and reflecting the fact that the criminal conduct is committed);

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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