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(영문) 인천지방법원 부천지원 2014.10.31 2014고단1660
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 April 7, 2009, the Defendant was notified of a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch on April 7, 2009, and on September 6, 2012, the Defendant was notified of a summary order of KRW 5 million as a fine for the same crime in the same court.

On July 4, 2014, at around 01:38, the Defendant driven B 2 truck under the influence of alcohol content at approximately 0.150% from a section of about 300 meters to a commercial building, “59 feet in the same Ri” road located in the Gopoon of Gopo-si, Kimpo-si, Gopo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

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. All circumstances such as the confession of a criminal act and the violation of Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the confession of a criminal act, the fact that there is no record of punishment exceeding the fine for the same kind of crime, and the fact that the driving distance is relatively short);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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