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(영문) 인천지방법원 2019.06.12 2019고단2202
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 8, 2019, the Defendant was under the influence of alcohol of 0.186% on blood alcohol level 0.186% on March 8, 2019, and was driving a B Sti-type car at the section of about 15km from the street near Kimpo-si to the front road of the sublime mine in Incheon-type.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on response to requests for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the blood alcohol concentration in the instant case is higher than 0.186%, and the driving distance is along the driving distance. The Defendant was driven while driving.

In 2001, 2005 and 2007, the Defendant was punished three times by a fine for the violation of the Road Traffic Act, but committed a second offense.

Finally, after being punished, a considerable time has elapsed, and the defendant has made efforts to reduce the risk of recidivism, such as disposal of vehicles, etc., by reflecting the error of the defendant.

The foregoing shall not apply to the case where the defendant is diagnosed as a serious brain beer and has been under regular medical treatment, such as the closure and compromise of a serious brain beer, and he/she has been diagnosed as a patch-beer.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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