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(영문) 인천지방법원 부천지원 2015.03.27 2015고단73
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2010, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Busan District Court’s Busan District Court’s Busan Branch, and a summary order of five million won for the same crime, etc. on August 7, 2012 from the Suwon District Court’s Ansan Branch, respectively.

On December 24, 2014, at around 02:35, the Defendant driven B rocketing car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.185% from the 200m section around the Han-si, Seocheon-si, Seocheon-si to the 262nd road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, appraisal report on the concentration of blood alcohol, each report on the state of a driver under the influence of alcohol, and the report on the appraisal of blood alcohol concentration;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for reduction of amount);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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