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(영문) 인천지방법원 2017.07.12 2017고단3232
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 April 23, 2017, around 14:40, the Defendant driven a B-hand car with alcohol content of about 2km from around 2km to around 0.321% of alcohol content in the blood, from the front of the 4m-ro of the Seo-gu Incheon, Seo-gu, Incheon, to the front of the Korean national residing in the Republic of Korea, who is in accordance with the same salary grade of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The circumstantial records of drivers of the State and the application of each photographic statute;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act include two times the same power of the defendant to repeat the crime, and that the drinking volume of this case is very high and a traffic accident that conceals the post-fire at the time of a fire engine, the defendant's responsibility is not exceptionally applied.

However, the past records are punishable by a fine for a very long time, and the defendant is somewhat old in depth with his mistake, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are considered in the arguments of this case, and the punishment as ordered shall be determined by taking into account various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime.

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