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(영문) 인천지방법원 2014.09.04 2014고단4690
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 24, 2008, the defendant was issued a summary order of a fine of two million won by the Incheon District Court for a violation of the Road Traffic Act (driving). On September 19, 2008, the defendant has a record of being sentenced to a fine of two million won by the Incheon District Court for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

On June 14, 2014, at around 00:25, the Defendant driven a Bknife vehicle with a blood alcohol content of about 0.153% under the influence of alcohol from the section of approximately 1km from the 1km to the roads of Gap Korea, which is located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Bupyeong-gu, 195, to know the trade name in the operation Dong of Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of crackdown on drinking-driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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, a stay of education for 40 hours (shorted circumstances) and no record of any crime heavier than a stay of execution for a period of suspension of execution, a serious reflect ( indefinite circumstances) of this case’s high blood alcohol concentration and four times the record of any violation of the Road Traffic Act;

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