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(영문) 인천지방법원 부천지원 2019.05.22 2019고단638
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 February 19, 2019, at around 04:0, the Defendant driven D K5 cars with a blood alcohol concentration of about 0.099% in the section from around 200 meters to the front road of the building, from around 00 meters to around the road of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of past records of the suspension of the same kind of execution

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. The determination of punishment as ordered, by comprehensively taking into account various circumstances revealed in pleadings, such as the confession and reflection of the defendant's confession for sentencing under Article 62-2 of the Criminal Act, the records of the same crime, the circumstances leading up to detection of the crime of this case (the 112 report is received as a result of a stop while driving on the road at the same time) and the degree and mileage of blood alcohol, and the distance up to recidivism, the period up to the recidivism, the offender's age, character and behavior, environment, the motive, means and consequence of the crime of this case, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc.

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