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(영문) 인천지방법원 부천지원 2016.11.10 2016고단2546
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2016, from around 01:10 to 01:40 on the same day, the Defendant driven a B high-speed car with the alcohol content of about 0.145% under the influence of alcohol in the 2km section from the Do in which the Do in the Do in which the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the

Summary of Evidence

1. Defendant's legal statement;

1. Part C, D, and E of the police interrogation protocol (list 6) against the defendant

1. Each police statement of E, D, and F (a list 1, 3, 4);

1. Notification of the results of the control of drinking driving (A list 26), report on the occurrence of traffic accidents (A list 28), and field map (A list 29);

1. Investigation report (List 24);

1. Application of Acts and subordinate statutes to each photograph (a list of 10,14,30);

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, education order, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., circumstances favorable to the defendant's reasons for sentencing (not less than a confession or a suspended sentence, but not less than a last six years after the criminal punishment), unfavorable circumstances (in spite of the previous and five times, the quality of the crime was pleasureed by drinking driving in this case, and the defendant's false statement was requested to the offender to avoid punishment after committing the crime, and the facts of the crime have been clearly revealed through objective evidence and statements of related persons, etc. despite the fact of crime, in light of the following: the defendant's past record, the criminal history, the investigation agency and the defendant's statement contents and attitude in this court; if the defendant's driver's behavior is not subject to proper control, management, and education, it is likely that it is possible to repeat the crime of the same or similar kind of crime immediately after the defendant's age, character and behavior, living environment, etc., together with all the sentencing factors in this case.

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