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(영문) 인천지방법원 부천지원 2014.11.13 2014고단2539
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 9, 2003, the Defendant was punished by a fine of KRW 1,500,000 by a fine of KRW 1,50,000 by a violation of the Road Traffic Act at the Incheon District Court on the same day on February 10, 202.

On September 20, 2014, at around 00:0 on September 20, 2014, the Defendant driven approximately KRW 718 meters from the day before Kimpo-si, Kimpo-si, to the front road of both cities of the same day 00:25 on the same day, with the alcohol concentration of approximately 0.187%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, a written consent to blood collection, a report on the result of crackdown on drinking driving, a circumstantial report on a drinking driving, a request for appraisal of blood alcohol concentration, a request for appraisal, a written appraisal of blood alcohol, a written report on detection of a drinking driver, and an investigation report;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (the grounds for sentencing following the suspended sentence)

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed a second offense even though he/she had a record of being punished twice or more due to drinking alcohol, and since the blood alcohol concentration level is relatively high, the punishment for such crime is not less light.

However, the defendant has no record of criminal punishment heavier than the suspended sentence, and all kinds of sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, after the crime, shall be determined as per the order.

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