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(영문) 인천지방법원 2014.03.19 2013고단7996
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

[criminal power] On January 5, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Incheon District Court on January 5, 2012, and on November 28, 2013, the Defendant requested a summary order of five million won for the same crime at the same court.

【Criminal Facts】

On November 2, 2013, at around 00:20, the Defendant driven BM5 car at the 300m section in front of the road in front of the 402-dong Damsan-dong 456-8 Jeju Seogsan-dong, Seogsan-dong, Incheon, with a alcohol concentration of 0.136% of alcohol content.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Inspection and investigation reports on the results of the crackdown on drinking driving (official application of the FDmark);

1. Previous convictions: The inquiry of criminal and investigation records records and the application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

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

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