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(영문) 인천지방법원 부천지원 2017.11.09 2017고단2323
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 10, 2017, the Defendant driven a Category C car at the 0.214% alcohol concentration in blood around 23:34 on August 10, 2017, and the Defendant driven at B C car level at the 13rd way as it was within the 13rd way from the side of the Busan-si Integrated Terminal Terminal located within the city of Bupyeong-si.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, report on the results of regulating the driving of alcohol, inquiry about the detection of the driver under the influence of alcohol, application of Acts and subordinate statutes governing alcohol during blood;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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. Selection of imprisonment with prison labor in consideration of the fact that the defendant with the reason for sentencing under Article 62-2 of the Criminal Act has the same drinking record twice, and the risk of re-offending, but the defendant reflects his gender, the circumstances leading to his driving, and the driving distance, etc. shall be determined as ordered by taking into account all the circumstances;

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