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(영문) 인천지방법원 2014.07.09 2013고단6788
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

On December 10, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on December 10, 2007, and a suspended sentence of 2 years for a violation of the Road Traffic Act at the Incheon Central District Court on February 9, 2008.

On June 7, 2013, the Defendant, while under the influence of alcohol of 0.096% of blood alcohol concentration on June 7, 2013, driven Cran-free car at a section of about 10 meters from the 0.096% to the roads in front of Samsung Life, located in the same 302 Nam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the reflective point, the blood alcohol concentration, and the same punishment power after 2009);

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

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

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