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(영문) 인천지방법원 2014.07.24 2014고단3780
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 of the final judgment.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant was sentenced to a fine of 700,000 won for the crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on April 24, 2009, and was sentenced to a fine of 1.5 million won for the same crime at the Incheon District Court on October 4, 201.

On May 19, 2014, the Defendant, while under the influence of alcohol of 00:00:09, driven B LV vehicles from around four kilometers in approximately 836 kilometers from the front of the Gancheon-gu, Seocheon-gu, Seoul to the road near the 836 desired entrance of the Incheon Bupyeong-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (attached to summary orders of the same kind of suspect's power);

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 extenuating circumstances among the reasons for 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, suspended sentence one year, 40 hours (limited to flexible circumstances) low in alcohol content, serious reflect [limited circumstances] in drinking driving three times;

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