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(영문) 인천지방법원 2017.09.13 2017고단4665
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 May 2, 2017, the Defendant driven a DNA-low-scale car under the influence of alcohol of 0.212% among blood, and proceeded with approximately 500 meters from the 17-5-ro, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, to the front road for Incheon's Landing Operations Memorial at the 138-ro, Yeonsu-gu, Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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 Protection, etc. of the Defendant had a large number of identical criminal records, and in the case of the instant crime in which the Defendant drives a motor vehicle under the condition of 0.212% of alcohol content during blood transfusion even though it had a large number of criminal records, the crime was not committed, but the actual driving distance was not a relatively long range, the violation of other traffic-related Acts and subordinate statutes, the fact that the Defendant is voluntarily receiving treatment for the support of alcohol, the fact that the Defendant is undergoing the treatment for the support of alcohol alcohol, the fact that the Defendant’s mistake is divided later, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, etc., shall be determined as above.

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