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(영문) 인천지방법원 2014.05.01 2013고단8206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 29, 2013, at around 00:15, the Defendant driven a DNA car with a blood alcohol concentration of about 300 meters from the front road of the city in Yeonsu-gu Incheon Metropolitan City to the front road of the smoke history in the same Dong from around 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 law: Imprisonment for six months to one year; and

2. Determination of sentence: Imprisonment for eight months, suspension of execution two years, community service order 160 hours, reflectiveness of the defendant [fluence], the detection of a high blood alcohol content (0.194%) after the punishment of 208, and the defendant's exposure to traffic accidents, eight months of imprisonment, suspension of execution of one year, violation of the Road Traffic Act (driving) on December 200, fines of two million won, fines of two million won for the same crime on February 1, 2006, and penalties of two million won for the same year;

5. The fact that a fine of 1.5 million won has been imposed for a violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), on May 26, 2008, on August 2008 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving without a license), and on May 15, 2008, on May 15, 2008;

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