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(영문) 인천지방법원 부천지원 2015.05.28 2014고단1953
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 10, 2014, at around 00:02 and around 0.258% of the blood alcohol concentration, the Defendant driven a CWstar truck owned by B from around 2km to the front day of the Kimpo-si Kimpo-si, in the change of Kimpo-si, to the front day of the same time during the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the inquiry into the results of the control of drinking driving, the report on the situation of driving under the influence of alcohol, the report on the status of driving under the influence of alcohol, the report on the entrustment of appraisal, and the report on the qualification of a driver

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The sentence of the Defendant is inevitable in light of the following: (a) the driving of a re-driving vehicle with the history of punishment two times due to the reason for the sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the favorable circumstances among the reasons for sentencing following the sentencing); (b) the blood alcohol concentration is very high; and (c) the escape without attending at the designated date of the sentence; and (d) the Defendant’

However, in consideration of the fact that the defendant's mistake is recognized and against himself, the age, character and conduct, environment, motive and background leading the defendant to the crime of this case, means and results, circumstances before and after the crime of this case, and other circumstances shown in the records of this case, the punishment as ordered shall be determined.

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