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(영문) 인천지방법원 2015.04.22 2015고단840
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant of criminal records was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Busan District Court’s Branch on January 19, 2010, and was sentenced to a suspension of indictment for a violation of the Road Traffic Act at the Seoul Southern District Prosecutors’ Office on September 22, 2011.

2. On January 9, 2015, the Defendant was under the influence of alcohol with 0.103% of the blood alcohol concentration around 23:20 on January 9, 2015, and driven approximately 5 meters of the rocketing vehicle on the road after the slot-ro 623 on the route of Bupyeong-gu Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving and inquiry of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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