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(영문) 인천지방법원 2017.05.17 2017고단649
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 January 2, 2017, around 21:10, the Defendant driven a motor vehicle with low alcohol content of 0.062% from a 1km section from the road in front of the Northern City, Seo-gu, Incheon, Seo-gu to the road in front of the Republic of Korea, Seo-gu, Incheon, to the road in front of the Republic of Korea, Seo-gu, Seo-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. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 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 addition, the defendant's responsibility is not less than that of re-offending 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 in sentencing, and that the defendant's act of re-offending despite his past record of punishment for refusing

However, the past records are very old or has been punished as a fine, the amount of drinking of this case is low, the defendant is in depth of his mistake, the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered by the order.

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