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(영문) 인천지방법원 2014.11.13 2014고단7042
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On October 4, 2014, at around 10:24, the Defendant driven the said car under the influence of alcohol by 0.224% from a section of about 6km from the front side of the Dualle in the Dualle in the city of Incheon, the Dualle, to the front side of the Dualle in the same military road.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the notification of the result of crackdown on drinking driving and the circumstantial statement of a drinking driver;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspended execution for two years, community service, 80 hours, and 40 hours required to attend a lecture [fluoring circumstances] Defendant’s reflect [fluoring circumstances] on May 26, 2006, a fine of four million won or more due to a violation of the Road Traffic Act (fluoring) on May 26, 2006, 6 months of suspended execution for six months, 2 years of suspended execution for a violation of the Road Traffic Act (fluoring of measurement) on April 20, 207, and 2 years, and the higher blood alcohol concentration of this case

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