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(영문) 인천지방법원 2014.04.10 2013고단8502
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

On December 23, 2010, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Jung-gu District Court on December 23, 2010, and on July 16, 2012, the Defendant was issued a summary order of KRW 4 million with a fine for a violation of the Road Traffic Act at the Incheon District Court on July 16, 2012.

On December 4, 2013, around 23:50, the Defendant driven B rocketing vehicles under the influence of alcohol concentration of 0.188% at approximately 10 meters from the section of approximately 100 meters, from the front of the Seo-gu Incheon Seo-gu Incheon Scar to the front of the same “Yancheon Livestock.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. An investigation report (attached to a summary order of the same kind of power), and application of Acts and subordinate statutes of the same criminal history record;

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. Discretionary mitigation (The following extenuating circumstances among the reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as being more favorable for the reasons for sentencing following the suspension of execution):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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, two years of suspended execution, two hours of community service order, 80 hours of community service order, 40 hours of the compliance driving lecture [holy under the circumstances] Defendant’s reflectiveness, 40 hours of the suspension of execution or more of execution (unfavorable circumstances], three times of drinking driving power, high blood alcohol concentration (0.18%) (0.18%), and other vehicles parked in the place of accident and discovered by an witness;

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