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(영문) 인천지방법원 2014.10.22 2014고단5047
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2014, at around 20:44, the Defendant driven CNA-si car in the state of alcohol with approximately 5km alcohol content of about 0.124% from the 710-5-5-dong, Nam-dong, Incheon Metropolitan City from the 710-5-dong, Chungcheongnam-dong, to the 3rd-dong, Dong-dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to a report on personal identification of a driver, investigation report (investigation of the victim and witness, investigation of CCTV in an accident place, confirmation of the distance from driving a suspect under influence of alcohol), recording recording, and report on recording recording;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is relatively recent (2010) and, even if the defendant was punished for the same kind of crime, there was an accident at the time, the criminal investigation agency denied the crime, and accordingly, the witness D was investigated several times, and the number of blood alcohol level will be selected.

However, it is finally recognized that the crime is being committed, there is no significant penalty that exceeds the fine due to the same kind of crime, and other various factors of sentencing, such as the age, character and conduct, environment, etc. of the defendant, shall be determined in consideration of the punishment.

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