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(영문) 인천지방법원 부천지원 2019.02.19 2018고단3085
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On November 2, 2018, at around 20:22, the Defendant driven a Erash freight vehicle while under the influence of alcohol of about 300 meters from the front of the Kimpo-si B house to the front of D in Kimpo-si, Kimpo-si, while under the influence of alcohol of about 0.125%.

2. On November 2, 2018, at around 22:00, the Defendant driven a Hco-Ban car in the state of alcohol alcohol concentration of about 0.085% from the 200-meter section to the G road located in F from the front of the G G located in F.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the state of the driver's license, a report on the state of the driver's license, a report on the results of the drinking

1. Inquiry into the enemy;

1. Details of the accident;

1. Application of Acts and subordinate statutes, such as photographs of accident scene, places of detection, and vehicles;

1. Relevant Articles 148-2 (2) 2 and 44 (1) and (2) 3 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.

Although the defendant was under the influence of the primary drinking driving, he was also under the second drinking driving after about 1 hour and 30 minutes.

The driving of each of the instant cases caused a traffic accident.

Blood alcohol concentration is high.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, means of the crime, driving distance, and circumstances after the crime and various conditions of sentencing as shown in the pleading.

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