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(영문) 인천지방법원 2015.03.18 2015고단191
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

1. The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on September 20, 2007 and two million won for the same crime at the Seoul Southern District Court on March 26, 2010.

2. On October 10, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.171% at around 07:18, the Defendant driven a 200-meter vehicle from the dives road located in Gyeyang-gu Incheon Gyeyang-dong to the dives road located in Incheon Gyeyang-gu to the lives road located in 127 in the calculation of Gyeyang-gu Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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 (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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

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

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