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(영문) 인천지방법원 2016.08.18 2016고단3437
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 5, 2016, under the influence of alcohol content of 0.130% among blood transfusion, the Defendant driven C L LA car at around 05:20%, and proceeded with approximately 50 meters section from the front of the luminous apartment located in Seo-gu Incheon, Seo-gu, Incheon to the front of the same day as the 05:25 day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the previous convictions and other similar judgments), judgments attached thereto, application of respective Acts and subordinate statutes of the summary order;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

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 Observation, etc. of Social Service and Order to Attending, even though there are three kinds of criminal records and multiple criminal records violating the Road Traffic Act, the Defendant committed the instant crime where he driven under the influence of alcohol despite having violated the Road Traffic Act. However, the Defendant committed the instant crime in which the Defendant, while parked and drinking on the road on the previous road, was able to move the vehicle parked on the road while returning to the new wall, while driving the vehicle on the road after parked and drinking on the road on the previous road. The Defendant was committed the instant crime; the driving distance is short; the driving distance does not reach a violation of other traffic-related Acts and subordinate statutes; the Defendant did not repeat again; the Defendant’s age, sex, environment, family relationship, etc.; and the Defendant’s punishment should be determined within the scope of the sentencing guidelines by taking into account all the circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, and family relationship.

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