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(영문) 인천지방법원 2013.11.18 2013고단4851
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 became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On March 31, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on November 14, 2008, a fine of two million and five million won for the same crime from the vice branch of the Incheon District Court on November 14, 2008, and a fine of three million won for the same crime at the Jung-gu District Court on December 24, 2008, respectively.

【Criminal Facts of Crimes】 On August 4, 2013, the Defendant driven at approximately 2 km from the roads of the Jung-gu Incheon Jung-dong B king Bathing Beach to the roads of the same North Dong, Jung-dong, Jung-gu, Incheon, with a blood alcohol level of 0.060% around August 4, 2013.

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 (see, e.g., the fact that the mistake of a person is recognized and reflected, the drinking water is relatively low, and there is no record of being sentenced to the punishment heavier than the fine with respect to the same crime);

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);

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