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(영문) 인천지방법원 2014.09.25 2014고단5454
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 September 4, 2006, the Defendant issued a fine of 2.5 million won at the Incheon District Court for a crime of violation of the Road Traffic Act (driving) and a summary order of 2 million won at the Daejeon District Court on March 31, 2010 for the same crime respectively.

【Criminal Facts】

On July 17, 2014, at around 17:00, the Defendant driven Bone Star-kick under the influence of alcohol content 0.191% from the section of about 10 meters from which it is impossible to identify the trade name near the Nam-gu Incheon Metropolitan City Twit-dong, to the roads of the same 186-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of running a driving, report on internal accidents, and report on detection of a driver with the driver with the sign;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of drinking driving records not less than twice);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, and 40 hours (limited to reasonable circumstances) for the same kind of stay of execution or higher; (3) the high blood alcohol concentration of the instant case; and (4) the majority of the criminal records higher than a stay of execution or higher;

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