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(영문) 인천지방법원 2015.11.26 2015고단6096
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

On May 7, 2007, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court on May 7, 2007, and a person who had been sentenced to a imprisonment of 1 year and 2 years of suspended execution due to the same crime in the same court on February 12, 2009, and was punished for a violation of the Road Traffic Act (driving) more than twice as above.

On August 15, 2015, at around 18:35, the Defendant driven a F one ton cargo vehicle under the influence of alcohol concentration of about 0.086% at a section of approximately 200 meters from the street in front of Incheon Strengthening Group B to the front of E in front of the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (reports attached to suspect-related decisions), and application of two copies of judgment-related Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect on criminal conduct);

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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