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(영문) 인천지방법원 2014.07.17 2014고단3437
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 December 14, 2011, at the Incheon District Court, the Defendant received a summary order of KRW 5 million from a fine of KRW 1,00,000 due to a violation of the Road Traffic Act, and on March 27, 2012, the Seoul Southern District Court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act.

On April 12, 2014, the Defendant, while under the influence of alcohol of 0.160% from blood alcohol level on April 12, 2014, driven B rocketing car at approximately 50 meters from the front parking lot of 196 large-scale apartment 8, 5, and 6-Ra, to the entrance of 10 apartment houses, from the front parking lot of 196 large-scale 8, 85, and 6 large-scale apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (a copy of a summary order);

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: Imprisonment with prison labor for six months, suspension of execution for two years, and 40 hours [free circumstances] or more of the order to attend a lecture [free circumstances] that there is no criminal force above suspension of execution [shortly circumstances] They shall be discovered by shocking vehicles in parking within a short period, repeated drinking driving, blood alcohol concentration with all three times high (0.218% in the case of a summary order dated December 14, 201, 0.13% in the case of a summary order dated March 27, 201, 0.13% in the case of a summary order dated March 27, 2012, 0.160%

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