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(영문) 인천지방법원 2014.07.02 2014고단2951

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 17, 2014, at around 03:10, the Defendant driven a DW car under the influence of alcohol content of about 0.144% from a section of about 500 meters, from a place where it is impossible to know about twice the operation Dong of Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as the "Operation Dong") to the front of the 744-ro 7), as in the same day, from around 03:18 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Unfavorable circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act, the fact that community service and lecture attendance order is equivalent to the blood alcohol concentration of the reasons for sentencing, the fact that there have been several punishments for the same kind of crime, on the other hand, the fact that the crime of drunk driving itself does not have a heavy penalty power exceeding the fine, and other factors of sentencing, such as the defendant's age, character and behavior, environment, etc.