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인천지방법원 2014.10.02 2014고단5580
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 8, 2014, at around 12:26, the Defendant driven the volume of B Abdop XD car while under the influence of alcohol content of 0.292% in front of the Jeju Mine Association located in the Nam-gu Incheon Metropolitan City 945-10.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of investigation reports (to hear statements of witnesses related to the driving distance of a suspect) Acts and subordinate statutes;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, two years of suspended sentence, community service, 80 hours in community service, 40 hours in order to attend a lecture [fluoring circumstances] the fact that there is no criminal record of the same suspended sentence or higher [fluoring circumstances], a majority of the past records of suspended sentence and sentence due to detection, violence, etc. of two vehicles parked while driving under the influence of alcohol, violation of the Special Act on November 21, 2008, violation of the Road Traffic Act and a fine of five million won due to a violation of the Road Traffic Act;