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(영문) 인천지방법원 2014.05.12 2014고단1924
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 of the final judgment.

Reasons

Punishment of the crime

On February 19, 2008, the defendant was issued a summary order of one million won for a crime of violation of the Road Traffic Act by the Incheon District Court on February 19, 2008, and on December 24, 2008, the defendant was issued a summary order of two million won for a crime of violation of the Road Traffic Act by the Incheon District Court on December 24, 2008.

On February 25, 2014, at around 23:22, the Defendant driven a B rocketing car with a blood alcohol content of about 0.068% from the 1km section to the front road of the Dong apartment, which is located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, and from the end of March 270 to the end of the Dong apartment, which is located in the Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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. 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;

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: A majority of the records of traffic crimes, including six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend a compliance driving lecture (shortly low circumstances), a relatively low blood alcohol concentration, a serious reflect [unfair circumstances] drinking, etc.;

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