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(영문) 인천지방법원 부천지원 2017.08.31 2017고단1602
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 July 12, 2017, the Defendant driven a BS-type car under the influence of alcohol content of about 0.211% in a 30-meter radius from a drinking house where it is impossible to identify the trade name in the upper-dong of Busan City at around 23:30 on July 12, 2017 to the front road of the “tema hotel” located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is once the defendant has the same record of fine, the blood alcohol concentration is very high, and all other circumstances, including the defendant's criminal records, shall be taken into account.

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