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(영문) 인천지방법원 2016.10.06 2016고단4282
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2016, at around 22:35, the Defendant driven a rocketing car with a blood alcohol content of 0.135% 0.135%, and proceeded with approximately 3 km from the front of the ASEAN, which is located in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, to the front road of the Gyeongnam Middle School located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are that the Defendant, including the two identical criminal records, committed several times, but under the influence of alcohol, is not in violation of the Road Traffic Act, and the quality of the crime is not good. However, it does not reach a violation of other traffic-related Acts and subordinate statutes; the Defendant’s error is divided later; and all other circumstances that are the conditions for sentencing such as the Defendant’s age, character and conduct, environment, family relationship, etc. are considered.

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