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(영문) 인천지방법원 부천지원 2018.01.26 2017고단2849
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 17, 2017, the Defendant driven a cub vehicle B with approximately 3km from the front side of Kimpo-si to the world of 0.119% alcohol concentration among the blood transfusion around 22:40, to the front side of Kimpo-si, Kimpo-si, 1:56 degrees of 3km from the front side of Kimpo-si, Kimpo-si to the front side of 101 degrees of 3km from Kimpo-si to the upper side of 101.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to reports on the results of regulating driving of alcohol, the situation of driving of alcohol and the circumstantial statements of drivers of alcohol;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. An order to attend a lecture or to provide community service order for the reasons for sentencing under Article 62-2 of the Criminal Act: A more severe punishment is required in light of the risk of drinking driving, the fact that there are four times the records of fines imposed due to the same crime, the fact that the degree of alcohol level among the blood transfusion in the instant case is high as 0.119%: Recognizing and against the fact that the degree of alcohol level is high as 0.19%, the fact that there is no traffic accident while driving the instant drinking, and other various sentencing conditions indicated in the records and arguments, such as the motive and background of the crime, the circumstances after the crime, and family relations, etc., shall be determined

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