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(영문) 인천지방법원 2013.12.11 2013고단7149
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 April 16, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on April 16, 2008, the summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on December 13, 201, and the summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on September 11, 2012, respectively.

【Criminal Facts” around September 25, 2013, around 23:30 on September 25, 2013, the Defendant driven a Category C motor vehicle owned by B while under the influence of alcohol 0.137% from a section of about 20 meters of alcohol level to the roads in front of Dong-ho, Seo-gu, Incheon.

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., Supreme Court Decision 201Da1548, Apr. 1, 201);

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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