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(영문) 인천지방법원 부천지원 2019.09.06 2019고단1943

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 26, 2019, at around 23:40, the Defendant driven DK5 car while under the influence of alcohol content of about 50 meters at approximately 0.204% from the 50m section to the front road of Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Application of Acts and subordinate statutes to report internal fire-fighting (for a statement made by a shote E and CCTV at the scene of an accident), and to report internal fire-fighting;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime once again even though the Defendant had a record of being sentenced to a fine once due to drunk driving, and the fact that the blood alcohol concentration in the instant case exceeds 0.204% is the reason for sentencing disadvantageous to the Defendant.

However, the defendant's recognition of the crime of this case and reflects the motive and circumstances of the crime of this case, the distance operated, the contents, time and frequency of the same criminal records, circumstances after the crime of this case, the age of the defendant, character, conduct, family relationship, economic circumstances, etc. shall be determined as ordered by a comprehensive consideration of various sentencing conditions in the trial.