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(영문) 인천지방법원 2013.11.04 2013고단6039
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 26, 2009, the Defendant was sentenced to a fine of two million won by the Incheon District Court for a violation of the Road Traffic Act (driving). On August 27, 2012, the Defendant was sentenced to a fine of two million won by the Incheon District Court for a violation of the Road Traffic Act (driving).

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving on a sound driving), was driving B K5 cars under the influence of alcohol content of about 30 meters from the road surface of the 635-dong, Nam-gu, Incheon Metropolitan City, to the 301-dong underground parking lots, around July 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Report on the circumstances of running a driving, investigation report, and report on detection of the driver with the sign;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (attached to the previous and summary order);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction other than the three-time fine, and the fact that there is a reflective error);

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