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(영문) 인천지방법원 부천지원 2016.09.28 2016고단1931
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for six 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 July 8, 2016, the Defendant was under the influence of alcohol level of 0.119% among blood alcohol level around 23:5, the Defendant driven a D-crack-pack-pack-pack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kack-kak-kack-kack-kak-kack-kack-kack-kak-kak-kack-kack-kack-kak-kak-kak-kack-kack-kak.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Notification of the results of regulating the driving of drinking and entry of the situation report on the driver of drinking;

1. A statement of automobile inspection and maintenance records;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act);

1. Determination of each sentence of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor or a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, [the punishment shall be aggravated (limited to the total sum of the long-term punishments of two crimes) for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, but the lower limit of the punishment shall be the punishment prescribed for the crime concerning the violation of Road Traffic Act and shall be punished as imprisonment];

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

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