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(영문) 인천지방법원 2017.09.20 2017고단5191
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 July 8, 2017, at around 21:44, the Defendant driven Bone Star Corpex under the influence of alcohol content of approximately 0.227% from the distance of about 700 meters at approximately 160 meters to the entrance of Western IC located in the same Dong-dong, Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the arrest report and the statement of the situation of the driver involved;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act has three times the same power as that of the defendant, and that the amount of drinking of this case is high, the defendant's responsibility is not minor;

However, the previous records have been punished by a fine, most of which have long been punished, and the defendant is currently breaking his/her mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined by taking into account the various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, etc.

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