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(영문) 인천지방법원 2015.08.13 2015고단3608
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 September 14, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on September 14, 2007, and a summary order of KRW 1 million as a fine for the same crime from the Incheon District Court on November 27, 2009, respectively.

【Criminal Facts】

On May 7, 2015, at around 00:0, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 0.135% of alcohol level 0.135% from the 5km section of Yeonsu-gu Incheon Metropolitan City to the front road of Dongnam-ro located in 303 in Yeonsu-gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A request for appraisal of blood alcohol concentration, electronic document and a request for appraisal;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, confirmation of suspect-like records, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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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