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(영문) 인천지방법원 2013.06.19 2013고단1907
도로교통법위반(음주운전)
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 issued a summary order of KRW 1.5 million at the Incheon District Court on March 7, 2008 due to a violation of the Road Traffic Act (driving) and issued a fine of KRW 2.5 million at the same court on July 23, 2010.

【Criminal Facts】 On March 26, 2013, around 07:22, the Defendant driven a B-wing vehicle under the influence of alcohol with a blood alcohol content of about 0.10% from the 1km section from the front of the apartment apartment of the Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon to the road of about 434-11 of the same Gu-Shee-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the misunderstanding of a person is recognized and reflected, and that the investigative agency has made a statement that the person was aware of the fact that the person was driving a person who was not aware of the fact that the person was able to drink at night up to this court);

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, Article 59 of the Act on Probation, etc.;

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