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(영문) 인천지방법원 2013.10.07 2013고단4988
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 June 27, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on May 30, 2008, which was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Western District Court on May 30, 2008, and was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court on July 23, 2009.

【Criminal Facts of Crimes” around 00:20 on July 25, 2013, the Defendant driven a vehicle B Al Pested while under the influence of alcohol content of 0.128% at a section of approximately 200 meters from the street in front of a mutually influent restaurant in Seo-gu Incheon, Seo-gu, Incheon to the street in front of the same empty school.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The defendant for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is deemed to have conducted drinking driving of this case again under the name of four times prior convictions, etc., but the nature of the crime is not weak, considering the fact that his/her mistake is recognized, there is no record of punishment heavier than the fine, the fact that there is no record of punishment heavier than the fine, and all other sentencing conditions, such as the defendant's age, character and behavior, family environment, etc.

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