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(영문) 인천지방법원 부천지원 2019.03.07 2018고단3417
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 November 30, 2018, around 19:45, the Defendant driven C-math cargo vehicles with a blood alcohol concentration of about 0.134% from the 30km section from the roads in the Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu to the roads in the front of Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the circumstances of driving under the influence of alcohol, the report on the circumstantial statements of a drinking driver, and the control results of drinking;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is to recognize and reflect the error of the defendant.

The defendant, while under the influence of alcohol as 0.134%, driven a tension of about 30km, and the police called the vehicle upon receiving a report that the cargo vehicles are driving in a narrow distance.

There is also a history of punishment of fines for two times due to drinking driving and one time due to driving without a license.

However, the same crime was not punished by a fine or heavier.

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