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(영문) 인천지방법원 부천지원 2014.01.23 2013고단3399
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 February 14, 2011, the Defendant received a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court High Court on February 14, 201, and a fine of KRW 3 million for a crime of violation of the Road Traffic Act (driving) from the same court on March 11, 201.

On October 29, 2013, at around 23:25, the Defendant driven a B-low-scale car under the influence of alcohol concentration of about 100 meters from the front day of the drinking house in which it is impossible to identify the trade name in Bupyeong-si, Seocheon-si, Incheon to the front day of the Daesan-dong 106-37 Daeyangsan-dong, Incheon Metropolitan City, for about 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the detection of a drinking driver, report on the circumstantial statement of a drinking driver, and written appraisal of alcohol;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of criminal punishment and imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

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