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(영문) 인천지방법원 2014.07.03 2014고단3329
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 April 30, 2014, at around 22:32, the Defendant driven a car B under the influence of alcohol content of 0.228% at a section of approximately 500 meters from the street in front of the training funeral hall located in Yeonsu-gu Incheon Metropolitan City to the street in front of the use park located in the same Gu-ro 61.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving under the influence of alcohol, the results of crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Relevant Articles 48-2 (2) and 1, and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

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, a stay of execution for two years, and an order to attend a lecture for 40 hours (limited to reasonable circumstances) (no record of a crime heavier than a stay of execution for traffic crimes) has any record of having been punished as a fine of one million won on August 18, 2006 due to a violation of the Road Traffic Act on August 18, 2006;

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