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(영문) 인천지방법원 2014.06.18 2014고단3095
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

【Criminal Power】 On December 8, 2008, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court, and on November 25, 201, issued a summary order of KRW 2,50,000 as a fine for the same crime at the Ansan Branch of the Suwon District Court.

【Criminal Facts of Crimes】 On April 7, 2014, at around 23:14, the Defendant driven B-type cargo vehicles under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.169% from the active public parking lot in Nam-gu Incheon Metropolitan City to the road in front of 634.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the punishment exceeds the fine for the same kind of crime and the fact that there is no heavy penalty power);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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