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(영문) 인천지방법원 2015.04.08 2015고단46
도로교통법위반(음주운전)등
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 January 4, 2012, the Defendant was sentenced to a fine of 2.5 million won as a crime of violation of the Road Traffic Act in the Incheon District Court on January 4, 2012, and a fine of 2 million won as a crime of violation of the Road Traffic Act in the Incheon District Court on July 25, 2014.

On December 25, 2014, at around 23:04, the Defendant is clear that the blood alcohol concentration of 0.160% of the indictment without a driver’s license is 0.160% of the clerical error of 0.160%, and the foregoing modification is not disadvantageous to the Defendant. Therefore, the Defendant is recognized as 0.160%.

While under the influence of %, B 100 meters of freight cars were driven from the vicinity of the main station in the Nam-gu Incheon Metropolitan City, to the front of the new shopping street in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. A previous conviction in judgment: An inquiry letter and the application of Acts and subordinate statutes of a criminal investigation report (Attachment to a summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact, and consideration for the fact that there exists no record of punishment of imprisonment without prison labor or more for the latest ten years);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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