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(영문) 인천지방법원 부천지원 2016.11.24 2016고단2676
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 6, 2016, at around 23:05, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.205% from the Do located in the Do located in the Do located in the Do located in the Jeju Jeju Jeju District to the Do located in the Do located in the Do located in the Do located in the Do located in the Do located in the Seocho-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the inquiry into the results of the drinking driving control (List 4);

1. Relevant laws concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Criminal Act selection of punishment, and imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as ordered by taking into account all of the sentencing factors in the instant case, including the Defendant’s age, character and behavior, living environment, and circumstances after the crime, etc., which are favorable to the Defendant (i.e., confession, reflectivity), unfavorable circumstances (in spite of the previous and three times, the crime of drinking driving in this case is highly high in the nature of crime by committing the crime of this case) and other factors such as punishment.

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