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(영문) 인천지방법원 2014.07.24 2014고단3862
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 April 30, 2008, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on April 30, 2008, and was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on June 12, 2012.

On May 16, 2014, the Defendant was under the influence of 00:57% of blood alcohol concentration 0.117%, and the Defendant driven B rocketing car within a section of approximately one kilometer from around 1095 Home Stackers around the Nam-gu Incheon Nam-gu, Incheon to the front road of the same Sinyeong-gu, Bupyeong-gu, 442.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

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, suspension of execution for two years, and 40 hours (limited to reasonable circumstances) of an order to attend a lecture; and

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