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(영문) 인천지방법원 부천지원 2018.02.09 2018고단52

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2017, the Defendant was under the influence of alcohol content of 0.238% during blood transfusions, and the Defendant was driving a chip car up to C, at the crosssection of the Gyeonggi-gu Gyeonggi-gun, which is located in the both sides of the Gyeonggi-gu Ear-gun, to the front day of a two-dimensional elementary school located in the both sides of the Gyeonggi-gu Ear-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The application of Acts and subordinate statutes to a alcohol appraisal report and a report on the detection of a driver with primary alcohol during blood;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished for the same kind of crime, the fact that the blood alcohol content in the blood is very high to 0.238%, the defendant's confession is against himself/herself while making a confession, the fact that he/she has no record of punishment exceeding the fine, etc., as well as the fact that there are no records of punishment in excess of the fine, and the sentence like the order is determined by taking account of various sentencing conditions indicated in the argument