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(영문) 인천지방법원 2017.11.15 2017고단6350
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 19, 2017, at around 14:05, the Defendant driven B Poter Cargo Vehicles with approximately 878 meters alcohol concentration of 0.236 percent in blood at the front parking lot in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, and about 102 educational village apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to a survey report on actual conditions and a statement on the circumstances of drivers in charge;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection 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. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act was three times the same power as that of the defendant, and that the drinking volume of this case was high and the occurrence of traffic accidents, the defendant's responsibility is not exceptionally applied.

However, the circumstances of the instant case may be somewhat taken into account; the past history is very old or has not been recently punished by a fine, but there is no history of crime exceeding a fine against the Defendant, and the Defendant has already divided his/her mistake into depth, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and various sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, shall be determined by taking into account the following factors.

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