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(영문) 인천지방법원 부천지원 2017.03.31 2017고단50
도로교통법위반(음주운전)등
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 December 24, 2016, the Defendant was under the influence of alcohol content of 0.105% during blood transfusions, while driving CRaba Cargo Vehicles with duties, and was driving a road in front of CRaba, Kimpo-si, Kimpo-si, located in 1433 as Kimpo-si, Kimpo-si, toward Seoul at the long-term side, while driving the road in front of the 1433 Dongba-si, Seoul at the direction of the Seoul, and caused the Defendant to suffer from the injury, such as fladalum, in need of medical treatment for about three weeks in the front side of the above cargo vehicle, while driving the road in front of the 1433 Dongba-si, as Kimpo-si, while driving the road on the side of the Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. The application of Acts and subordinate statutes to a copy of the statement report on the situation of a driver of a drinking alcohol driving, notification of the results of regulating drinking driving, and the register of

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [Provided, That the lower limit shall be based on the punishment stipulated for the offense of violation of Road Traffic Act];

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) that the defendant reflects his mistake; (b) the defendant has subscribed to a comprehensive insurance; (c) the victim has agreed smoothly with the victim; and (d) the victim has no particular criminal record in addition to the past punished twice by a fine; and (c) the fact that alcohol content in blood is higher than 0.105%; and (d) the fact that a red signal violation was committed during the oral proceedings of the instant case, the sentence like the above order shall be determined by comprehensively taking account of various sentencing conditions indicated in the proceedings of the instant case.

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