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(영문) 인천지방법원 2015.09.03 2015고단3779
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 May 22, 2008, the Defendant has been in violation of Article 44(1) of the Road Traffic Act on two or more occasions, such as the summary order of a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch on May 22, 2008, and the summary order of a fine of two million won for the same crime in the same court on February 4, 2010, respectively.

【Criminal Facts of Crimes】 On March 30, 2015, the Defendant driven B cargo under the influence of alcohol level of about 2 km from the section of approximately 0.188% of alcohol level to the main 3k-distance road located in the same Dogdong-dong, Nam-gu, Incheon Metropolitan City from the front of an insular road to the main Do Dog-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (former records and summary orders);

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 violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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