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(영문) 인천지방법원 부천지원 2018.09.07 2018고단1705
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended between two and half years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2018, at around 05:38, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of about 50 meters from the front of a public parking lot located in Kimpo-si, Kimpo-si to the front day of GSMa-ro, Kimpo-si, Kimpo-si, to the 43rd day of GSpo-si, Kimpo-si, while under the influence of alcohol leveling 0.141%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

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 circumstances favorable to the defendant for the reason of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures (the defendant's recognition of the crime of this case and reflects the criminal of this case, and the defendant's family and club members will be directed

The punishment shall be determined by comprehensively taking account of various circumstances, such as the defendant's age, sex, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, including the fact that the blood alcohol concentration was high at the time of the crime of this case, the defendant had already been subject to criminal punishment twice for the same kind of crime, and the defendant neglected the vehicle on the road, and the risk was significantly high as he/she did so without neglecting the vehicle on the road) and other factors.

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