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(영문) 인천지방법원 2015.04.02 2015고단259
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

[criminal power] On October 9, 2009, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 2 million from the Incheon District Court to a violation of the Road Traffic Act on February 17, 2012.

【Criminal Facts】

On December 29, 2014, at around 07:01, the Defendant driven B SP car at a section of about 150 meters up to the front of the new village street located in 173 in the front of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, with a blood alcohol concentration of 0.056%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the operation of a driving school, and the statement on the state of the driver's status;

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records, investigation reports, and application of Acts and subordinate statutes of the judgment;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the reflective points and the fact that there is no serious criminal history exceeding the fine);

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

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

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