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(영문) 인천지방법원 2014.04.10 2013고단8500
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 November 20, 2013, at around 19:55, the Defendant driven Bsch Rexroth car at approximately 20 KK from the mid-gu Incheon Coast Guard to the road 173-31, Nam-dong, Nam-gu, Incheon, Nam-gu, Incheon, under the influence of alcohol concentration of about 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and a report on the circumstances of a driver's driving;

1. Application of Acts and subordinate statutes to the investigation report (excluding the Radden);

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;

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

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, 40 hours (shorted circumstances) of the order to attend a compliance driving lecture, the reflectivity of the accused, or the fact that there is no criminal record of a stay of execution or any heavier punishment for the same crime from 2000 to 2011 (shorted circumstances).

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