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(영문) 인천지방법원 부천지원 2018.07.11 2018고단1128
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2018, around 21:50, the Defendant driven a car under the influence of alcohol level of approximately 0.174% during blood alcohol level from approximately 4.5km to the original IC road located in 8-9, Seocheon-si, Seocheon-si, Gangwon-do, in the vicinity of the new fire-fighting station located in 301, as the fire prevention of Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver involved, response to requests for appraisal, and application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- The Defendant had already been punished two times due to drinking driving, and two times due to driving without a license, but was driving under the influence of drinking while there was a considerable number of occasions.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- There is no past record of punishment exceeding the fine prior to the instant case.

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