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(영문) 인천지방법원 부천지원 2015.08.26 2015고단1306
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

[criminal power] On July 27, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court’s Branch Branch on July 27, 2012, and a fine of KRW 5 million for the same crime at the above court on May 6, 2015.

【Criminal Facts】

On May 12, 2015, at around 01:26, the Defendant driven C Eccoo vehicle while under the influence of alcohol of about 20 to 0.14 percent of alcohol level, from the intersection near the Seocheon-si Yacheon-gu Yacheon-gu Yacheon-gu Yacheon-gu Yacheon-gu to the front day of the Non-Yacheon-gu 1 Complex 1 Complex 1 Complex 20-30 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the report on the state of driving under the influence of alcohol and that of the control of drinking driving;

1. Previous records before ruling: Application of the Acts and subordinate statutes stated in two copies of criminal records, investigation reports (report accompanied by a summary order of the same kind of power), and summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant seems to have led to the crime of this case and have repented his/her mistake, and the defendant has no record of punishment exceeding the fine: The defendant has committed the crime of this case again even though he/she had already been punished for drinking driving twice, and committed the crime again only once a month after the second crackdown, and other circumstances under Article 51 of the Criminal Act, including the fact that the defendant committed the crime again after the second crackdown, shall be comprehensively taken into account the circumstances under Article 51 of the Criminal Act, and the period of punishment shall be set within the scope of recommendation according to sentencing guidelines and the execution of imprisonment shall

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