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(영문) 인천지방법원 2018.02.01 2017고단9207
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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 November 29, 2017, around 18:00, the Defendant driven B and III cargo vehicles under the influence of alcohol concentration of approximately 0.095% from the 3Km section of alcohol during blood, from the 193-ro, Gyeyang-gu, Incheon Gyeyang-gu, Gyeyang-gu, Incheon to the front road of the Jinyang Apartment apartment. The summary of the evidence is that the Defendant driven B and III cargo vehicles under the influence of alcohol concentration of about 0.095%.

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant was punished once due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle), one time due to a drinking driving, one time due to a non-license driving, and causes a traffic accident due to a driving while under drinking, etc. is disadvantageous circumstances, the fact that the crime is being committed, the personnel accident is not caused, and the drinking value does not exceed 0.1%, etc. shall be considered as favorable circumstances, and the punishment as the order shall be determined by taking into account the circumstances of the punishment, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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