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(영문) 인천지방법원 2016.06.15 2016고단2416
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

1. On March 27, 2016, the Defendant: (a) around March 27, 2016, the Defendant driven C-knife car at a level of 0.323% alcohol concentration in the blood on the front of the beauty room, where the trade name in 311:13, Seo-gu Incheon, Seo-gu, Incheon, is unknown; (b) around March 27, 2016, the Defendant driven the C-knife car at a level of 5 meters in alcohol content.

2. On March 27, 2016, the Defendant: (a) driven a vehicle described in paragraph (1) at one meter while under the influence of alcohol at least 0.305% of alcohol content on the 4rd side of the 311-lane, Seo-gu, Incheon, Seo-gu, Incheon, on March 27, 2016, around 22:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of drinking control and the notification of the results of drinking control;

1. Application of Acts and subordinate statutes governing vehicle photographs and site photographs of accidents;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection observation and attendance order is very high, and the fact that the drinking volume of this case is not good in light of the fact that the person causes a traffic accident in drinking condition and again causes a traffic accident again in drinking, etc., is disadvantageous.

However, the execution of imprisonment is suspended considering favorable circumstances such as the fact that the defendant has no record of committing the same kind of crime for drinking, the circumstances that the defendant operated after drinking are somewhat considering, and the distance of driving after drinking is very short.

Comprehensively taking into account all the above circumstances and other various factors of sentencing, the punishment as ordered shall be determined, and the protection and observation shall be ordered in consideration of the possibility of recidivism.

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