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(영문) 인천지방법원 부천지원 2014.04.24 2014고단520
도로교통법위반(음주운전)등
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

The Defendant was sentenced to a fine of KRW 1.5 million on October 23, 2008 to a fine of KRW 1.5 million on the grounds of a violation of the Road Traffic Act in the Busan District Court’s Branch Branch on October 23, 2008, and a fine of KRW 2.5 million on December 5, 2008 by the same court as the same crime.

On March 11, 2014, at around 02:01, the Defendant driven a B-line car with a blood alcohol concentration of 0.118% under the influence of alcohol without a car driver’s license from approximately 50 meters to the front day of Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City street 81-ri, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of driving under the influence of alcohol, driver's license inquiry, inquiry into the results of the control of drinking driving, and an appraisal of the blood alcohol concentration;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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