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(영문) 인천지방법원 2013.10.23 2013고단5793
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 May 7, 2007, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the same court on February 5, 2010, respectively.

【Criminal Facts】 Although the Defendant had been able to drive under the influence of alcohol two or more times as seen above, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.074% from the front of the Seo-gu Office located in Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, to the Arabic-dong road in front of the same Kumdong-dong.

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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