(영문) 인천지방법원 2018.01.31 2017고단8424

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.01.31 2017고단8424

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 October 24, 2017, under the influence of alcohol content 0.152% in blood around 02:07, the Defendant driven Bone Starex, while driving at around 0.152% in alcohol content, and proceeded with approximately 300 meters from the new distance to the Bupyeong-gu funeral in Incheon Bupyeong-gu, Incheon, to the end of the 659-ro of Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, and Article 62-2(1) of the Road Traffic Act, in consideration of the following: (a) the Defendant committed the instant crime in which the Defendant driven a motor vehicle under the influence of alcohol despite the past four-time criminal history of violating the Road Traffic Act; (b) the driving distance was not relatively long; (c) the driving distance was not in violation of other traffic-related Acts and subordinate statutes; (d) the Defendant’s mistake was unreoffending, such as the late and late disposal of the motor vehicle; and (e) the Defendant’s age, sex, environment, family relationship, etc. was all taken into account in all other circumstances where the sentencing conditions are attached to the Defendant

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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