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(영문) 인천지방법원 2013.09.23 2013고단4818
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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】 On April 3, 2012, the Defendant issued a summary order of KRW 4 million at the Incheon District Court on the grounds of a violation of the Road Traffic Act, etc., and on June 16, 2009, the Defendant had the same record of having been sentenced to a summary order of KRW 3 million by the same court on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】 On July 31, 2013, at around 20:15, the Defendant driven a shower car in the state of alcohol with approximately 1.5 km from the long distance in the Eastdong-gu Incheon Metropolitan City, to the modern sea in front of the 11126.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous records: Application of criminal records, etc. and other 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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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