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(영문) 인천지방법원 2017.05.17 2017고단831
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【The Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act in the Incheon District Court on September 17, 201, and was sentenced to a suspended sentence of 3 million won for a crime of violating the Road Traffic Act in the Incheon District Court on July 13, 201, and was sentenced to a fine of 2 million won for a crime of violating the Road Traffic Act in the Incheon District Court on July 20, 2007, and was sentenced to a summary order of 2 million won or more for a crime of violating the Road Traffic Act in the Incheon District Court on July 2007.

【Criminal facts】 On December 29, 2016, the Defendant driven a Bk7 car while under the influence of alcohol content of about 0.207% during blood while under the influence of alcohol from around 150 meters to around 143, from the Cheongyang-si, Manyang-si, Manyang-si, Manyang-si, Manyang-si, Manyang-si, Manyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service and order to attend lectures, despite the past history of having been punished several times due to the same kind of crime, and the fact that the drinking volume of this case itself is high, etc., the defendant's responsibility is not easy.

However, most of the foregoing electricity have been punished for a relatively long time, the driving distance in this case is a short distance, and the drinking distance in this case itself was not relatively high by 0.108% that can be measured immediately after blood measurement or immediately after detection, and the fact that the defendant currently repents his mistake in depth and is in the position to support her children, and the defendant's age, sex, environment, motive, means, means and result of the crime.

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