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(영문) 인천지방법원 2015.07.23 2015고단3166
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 March 31, 2009, the Defendant was sentenced to a fine of five million won by a violation of the Road Traffic Act at the Incheon District Court on March 31, 2009, and has four times the record of drinking driving.

On March 17, 2015, at around 23:50, the Defendant driven BMW car under the influence of alcohol content of about 0.150% from a section of approximately 800 meters, from the 23:57 Gyeyang-gu, Gyeyang-gu, Incheon, Gyeyang-gu, to the front road of the new Jin Apartment apartment 97-ro, Jin-ro, Gyeyang-gu, Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking alcohol driving, the report on the actual state of drinking drivers, and electronic documents;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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

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