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(영문) 인천지방법원 부천지원 2014.10.07 2014고단2038
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for seven 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 December 2, 2008, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch, and on November 16, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving).

On August 23, 2014, at around 22:30, the Defendant driven a vehicle owned by the Defendant against the alcohol alcohol level of approximately 0.252% from the 4km section of the blood alcohol level to the rhym of the city of Kimpo-si to the rhym of the city of Kimpo-si, Kimpo-si before the city of Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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 under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession of and reflect on a crime, the last fact that there is no record of punishment for about four years after being punished for a drunk driving, and the fact that there is no record of punishment exceeding a fine);

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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