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(영문) 인천지방법원 2014.04.24 2014고단251
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

On December 2, 2013, at around 00:05, the Defendant driven approximately 100 meters from the power hospital front of the Yeonsu-gu Incheon training zone to the road at around 592 training place, while under the influence of alcohol by 0.134% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving, the report on the state of driving under the influence of alcohol, and the report on the state of living under the influence of alcohol;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspended execution for two years, and 40 hours (fluored circumstances) of the defendant's reflect [fluoring circumstances] 2.5 million won of a fine for violation of the Road Traffic Act at the Seoul Central District Court on March 8, 2006; on May 25, 2006, a fine of three million won of a fine for violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at the Ansan Branch Branch of the Suwon District Court on June 20, 2007; and on June 20, 2007, at the Ansan Branch Branch of the Suwon District Court for the violation of the Road Traffic Act (non-licensed Driving) and the violation of the Road Traffic Act (non-licensed Driving) for two years of suspended sentence, the order to attend a course and probation for eight months of imprisonment for violation of the Road Traffic Act;

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