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(영문) 인천지방법원 부천지원 2019.09.04 2019고단1761

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 23, 2019, at around 23:36, the Defendant driven a C low-speed car in the state of alcohol alcohol concentration of about 0.206% in the section of approximately 1km from the road in the Busan Samsandong to the road in front of the Busan Metropolitan City B hotel.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the notification of the results of the regulation of drinking driving, the report on the circumstantial statements of drinking drivers, and the report on the situation of drinking driving

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act refers to the occurrence of a traffic accident by a defendant who had the power to be punished for drunk driving. However, in light of the blood alcohol concentration, etc. of the judgment, the crime of this case is not good. However, considering the circumstances favorable to the defendant, such as the defendant's confession and reflectness, and the fact that the defendant has no record of punishment exceeding the fine, etc., the punishment shall be determined as ordered by the order, comprehensively taking into account the mileage, the age, character and conduct, the environment of the defendant, the motive, means and consequence of the crime of this case, the circumstances after the crime, etc.