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(영문) 인천지방법원 2017.11.24 2017고단7689

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2017, around 00:10, the Defendant driven a B-hand car with alcohol level of 0.187% in the state of alcohol level from around 500 meters to around 132, 132, e.g., Seonam apartment parking lot of 17 Dongnam apartment parking lot of 132, e.g., Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. In order to comprehensively consider all other circumstances, such as drinking volume of the instant case, the interval between the period of punishment, driving distance, Defendant’s age, sexual conduct, environment, circumstances leading to the commission of the crime, etc., and the circumstances after the commission of the crime, such as the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act [the fact that there are many persons who have been punished for the same type of crime (two times the period of probation)], favorable circumstances (the fact that the commission of the crime is recognized and reflected, and there is no record of criminal punishment near the recent five years) and other circumstances, which are the conditions for the sentencing revealed in the instant case, such as drinking volume, driving distance, Defendant’s age, sexual behavior, environment,