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(영문) 인천지방법원 2017.06.14 2017고단1759
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 March 3, 2017, at around 23:50, the Defendant driven a B car under the influence of alcohol content of 0.186% at a distance of approximately 100 meters from 106 meters to the roads front of the Nam-do branch church in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving and the circumstances of the driver's license;

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

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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act include three times the same power as that of the defendant and the fact that the drinking volume of this case is relatively high, the defendant's responsibility is not minor.

However, the previous power is punishable by a fine for a relatively long time, the driving distance of this case is a short distance, the defendant is currently breaking his mistake in depth, the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as being subject to the disposition of the sentence.

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