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(영문) 인천지방법원 2017.11.10 2017고단7124

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2017, around 07:35, the Defendant driven Bsch Rexton car at approximately 500 meters away from the private street of the citizen center located in the Southern-gu Incheon Metropolitan City State to the private street of the Seoul Southern-dong market of 429-3, Nam-gu, Incheon, Seoul, while under the influence of alcohol with 0.105% of alcohol content among blood.

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. An order to attend a lecture 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 (the majority of the persons who have been sentenced to suspension of execution)), favorable circumstances (the fact that a crime is recognized and reflected, and the recent ten years of criminal punishment has no record of criminal punishment) and other circumstances revealed in the instant case, such as drinking volume, the distance of driving, the defendant's age, driving distance, sexual behavior, environment, circumstances leading to the crime, etc., shall be determined by comprehensively considering all the circumstances revealed in the instant case, including drinking volume, the period of time and distance from the same type of punishment, driving distance, the defendant's age, sexual behavior, circumstances leading to the crime, etc.