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(영문) 인천지방법원 2013.09.02 2013고단3748
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on March 21, 2007, and on October 13, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in Goyang Branch of the District Court on March 21, 2007.

At around 04:35 on June 12, 2013, the Defendant, who had been punished twice or more due to drunk driving, driven a B-to-purd motor vehicle with approximately 2 km from the front of the transmission details in the air route in Bupyeong-gu, Seocheon-gu, Incheon to the front of the Dongpo-dong located in Bupyeong-gu, Bupyeong-gu, Incheon to the front road of the Dongpo-dong located in Bupyeong-gu, Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Control note and field photograph;

1. Report on the circumstantial statements of a drinking driver, report on detection, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (a copy of judgment attached);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2007)

1. Article 62 (1) of the Criminal Act on the suspended execution.

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