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(영문) 인천지방법원 2018.09.05 2018고단5133
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person driving a BM3 car volume.

On May 26, 2018, the Defendant driven the said vehicle at a approximately 100m section from the distance near the stadium back to the stadium in the Hanam-si, Hanam-si to the Simdo Intersection in the same city, while under the influence of alcohol content of 0.158% during blood transfusion at around 23:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes reporting the situation of driving alcohol;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture lies in the defendant's 70,000 won of fine due to the violation of the Road Traffic Act (driving of Drinking), the violation of the Road Traffic Act (driving of Drinking) around July 2014, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epicing Vehicles). The defendant's blood content (0.158%) at the time of the instant case is high; the defendant's blood content (0.158%) at the time of the instant crime; the defendant's age, distance, other defendant's age, sex, environment, motive, means and method of the instant crime, and circumstances after the instant crime, and the sentence like the order shall be determined by comprehensively taking account of the following factors:

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