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(영문) 인천지방법원 2015.07.16 2015고단2979

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.


Punishment of the crime

The Defendant, at the Incheon District Court on March 28, 2002, was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on September 3, 2002, a fine of 2 million won by the same court on September 3, 2002, a fine of 5 million won by the same court on October 11, 2006, and a fine of 7 million won by the same court on May 21, 2014, respectively.

On August 20, 2014, at around 17:57, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of about 0.30% in the section of about 50km from the 50km-dong, Yeonsu-gu, Incheon, Seo-gu, Incheon to the front intersection of the Maddo-dong, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of drinking alcohol measurement, and on the status of a drinking driver;

1. Previous records of judgment: Criminal history records, reply reports (A), investigation reports (former records and court rulings), and application of Acts and subordinate statutes;

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 ( Taking into account the fact that it reflects the depth of criminal conduct and that it has no record of criminal punishment exceeding the fine);

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

1. Punishment of Article 62-2 of the Criminal Act concerning community service or education;