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(영문) 인천지방법원 2014.05.12 2014고단1849
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 30, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and on November 5, 2007, the Incheon District Court issued a summary order of 3 million won for a violation of the Road Traffic Act (driving). On January 22, 2008, the Defendant was sentenced to a suspended sentence of 1 year for 6 months in imprisonment with labor for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Incheon District Court’s Incheon District Court’s Busan District Court’s Busan District Court’s Vice Branch on July 4, 2008 and violated Article 44(1) of the Road Traffic Act at least twice.

On February 17, 2014, at around 18:35, the Defendant driven a Cgpp motor vehicle under the influence of alcohol concentration of about 0.137% from the 2km section of approximately 2km to the road front of the 110-lane off-ro, Incheon Seo-gu, Seo-gu, Incheon, Seo-gu 30-day off-day off-line 26-day off-line off-line off-line off (jum) vehicle from the seat of the vehicle to the front of the 110-lane off-ro, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of, and circumstantial statements of, a host driver;

1. Application of Acts and subordinate statutes to reply to criminal records, etc. and investigation reports (attached to judgments, etc.);

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 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 on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for one year from one year to three years: two years of suspended sentence; two years of community service order; 120 hours of community service order; 40 hours of law-abiding driving lecture; disability Grade 6; serious reflectivity; 2008 before and after the sentence for 208; and the fact that there is no past record of traffic crimes, such as drinking, many traffic accidents;

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