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(영문) 인천지방법원 2014.05.21 2014고단2228
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 11, 2007, the Defendant issued a summary order of KRW 2 million at the Suwon District Court for a violation of the Road Traffic Act, and on February 27, 2009, a summary order of KRW 3 million was issued for a violation of the Road Traffic Act at the Ansan District Court.

[criminal power] On February 22, 2014, at around 01:30, the Defendant, as the art of Nam-gu, Incheon Metropolitan City, 152-9, was under the influence of alcohol 0.150% from approximately 500 meters away from the 152-9 Incheon Provincial Police Agency’s roads to the roads before the 606 East Sea Fishing Ground to the roads before the 606 East Sea Fishing Ground, and driven a B XG car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits an offense and has no record of punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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