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(영문) 인천지방법원 부천지원 2015.04.03 2014고단3265

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 December 1, 2014, at around 00:05, the Defendant driven the B K5 car under the influence of alcohol level of about 0.202% in the 3km section from the front of the new interest market distance in the Oral-si, Sincheon-gu, Busan to the front road of the automobile trade complex located in the Oral-si, Sincheon-gu, Seocheon-gu, Busan to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a host driver, and the report on detection of a host driver;

1. Requests for appraisal of blood alcohol concentration and the application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, such as the confession of and reflect on a criminal conduct, and the fact that it is only once the same kind of power);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;