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(영문) 인천지방법원 2013.11.25 2013고단6557
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 30, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on December 30, 2008, and a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on October 12, 2010.

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving on a sound driving), was driving B B B in the influence of alcohol with approximately 200 meters alcohol concentration of 0.121% at a section of about 200 meters from the front of the hotel in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the front of the same Maok-dong, Yeonsu-gu, Incheon Metropolitan City from around 00:0 on August 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes, such as criminal records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspended execution.

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