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(영문) 인천지방법원 부천지원 2016.08.30 2016고단1797
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 5, 2016, around 22:20, the Defendant driven B deel Epia under the influence of alcohol leveling 0.253% from approximately 10 meters from the front of the 41 CU convenience store, a 41 CU convenience store, a 52-ro, Yon-si, Yancheon-si, Yancheon-si, to the front of the same road in front of the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account circumstances favorable to the defendant);

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered circumstances favorable to the defendant);

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be determined by comprehensively taking into account the favorable sentencing factors such as the following: (a) the Defendant’s blood alcohol concentration was high at the time of driving of the instant drinking alcohol; and (b) the Defendant was sentenced twice to a fine due to drinking; (c) the distance was not long; (d) the Defendant’s mistake was against himself; and (e) the Defendant’s economic difficulty was difficult.

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