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(영문) 인천지방법원 2014.12.17 2014고단8104
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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 29, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on October 21, 2009, a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court. On September 27, 2012, the Defendant was sentenced to a fine of KRW 7 million for the same crime at the Incheon District Court.

【Criminal Facts】

On October 29, 2014, at around 21:49, the Defendant driven B vehicles under the influence of alcohol content of about 0.130% from approximately 4km to the roads of Austria located in the same Gu-ro 156, Jung-gu, Incheon, Jung-gu.

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 and investigation reports (Attachment to the same attached records, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the punishment exceeds the fine due to the same kind of crime, and the fact that there is no record of punishment exceeding

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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