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(영문) 인천지방법원 부천지원 2016.11.24 2016고단2703

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 October 21, 2016, at around 21:37, the Defendant driven B 3 freight trucks with the blood alcohol concentration of 0.092% at a section of about 300 meters from the Do in the Sinpo-si, Kimpo-si, Kimpo-si to the front day of the Tongn-ri Do in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the inquiry into the results of the drinking driving control (List 4);

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, Article 62-2 of the Act on Probation, etc., and Article 59 of the Act on the Probation, etc., are less than the defendant's favorable circumstances (i.e., confession, blood alcohol concentration, relatively low for the last five years, and was not subject to criminal punishment for the last five years or more), unfavorable circumstances (in spite of four criminal punishment including a crime related to drinking driving, once a sentence is imposed, twice a suspended sentence, and two times a suspended sentence, it does not seem that the nature of the crime is very pleasure of committing the crime by again committing the crime in this case, and that it does not seem to properly reflect the crime in light of the content and attitude of the statement at the investigative agency and this court. In addition, if the defendant's proper control, management and education with regard to driving habits are not conducted, it is likely that it is possible to repeat the crime in the