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(영문) 인천지방법원 2014.05.15 2014고단377
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 January 4, 2014, at around 21:15, the Defendant driven B K5 car under the influence of alcohol with approximately 0.166% alcohol concentration from the 20m section of approximately 20 meters from the Southern-gu Incheon Metropolitan City to the Jinsung Co., Ltd., 38, Nam-gu, Incheon, and the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, the notification of the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes to the regulations on drinking driving;

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, such as probation and order to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Decision of sentence: Imprisonment for eight months, probation, two years, community service, 80 hours, 40 hours required to attend a lecture, and probation [fluoring circumstances] the defendant's reflect [fluoring circumstances] of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Crimes on August 27, 1998, ten months, two million won of a fine due to the violation of the Road Traffic Act (driving) on February 7, 200, and the same year;

6. A person who has been sentenced to imprisonment for 10 months (0.11% of blood alcohol concentration) from the date of his/her imprisonment for a violation of the Road Traffic Act on February 24, 2009; imprisonment for 6 months (0.202% of blood alcohol concentration); imprisonment for a violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents on June 29, 2006; imprisonment for a violation of the Road Traffic Accidents Act on June 14, 2007; imprisonment for 4 million won (0.23% of blood alcohol concentration); imprisonment for a violation of the Road Traffic Act (0.131%) on February 24, 2009; imprisonment for 5 months (0.131% of blood alcohol concentration); imprisonment for a violation of the Road Traffic Act on June 24, 2009; a majority of criminal records other than a fine

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