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(영문) 인천지방법원 2015.11.04 2015고단5808
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

[Criminal Power] The Defendant was sentenced to a fine of KRW 2 million by the Incheon District Court on October 11, 2010, and a fine of KRW 3 million by the same court on October 10, 2013.

【Criminal Facts】

At around 23:50 on July 24, 2015, the Defendant driven a BNEW EF rocketing car owned by himself under the influence of alcohol content of approximately 0.172% from a section of approximately 100 meters from the front of the commercial building in Bupyeong-gu, Incheon, Seocheon-ro, 447 Samcheon-ro, Ga-ro, 447 (Gu) to the road in the vicinity of the common apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the reflection of the fact, and the fact that there is no record of punishment heavier than imprisonment without prison labor for the same kind of crime);

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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