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(영문) 인천지방법원 2018.05.30 2018고단2047
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on November 22, 201, by receiving a summary order of a fine of three million won due to a violation of road traffic law (doning under drinking), from the support of the Suwon Flag Flag, and on September 22, 2015, by receiving a summary order of five million won for the same crime from the Incheon District Court.

[2] On March 10, 2018, around 10:27, the Defendant driven a NAS car under the influence of alcohol content of approximately 0.057% from the 2km section from the 2km section to the front road of the fish reservoir in the same page from the road before the Incheon Reinforcement-gun, Incheon, Incheon, for the purpose of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 15) at a net time;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 under Article 62-2 of the Criminal Code of the Order to Attend education lies in the fact that the defendant was sentenced to a fine twice due to the crime of violating the Road Traffic Act (the alcohol concentration in the blood of the defendant at the time is 0.149%, 0.183%). Meanwhile, the defendant reflects the crime of this case, the defendant's alcohol concentration (0.057%) is low in the defendant's blood alcohol level at the time of this case, the distance of the defendant's driving of alcohol ( approximately 2km), the defendant's age, sexual behavior, environment, motive, process, means and method of the crime of this case, circumstances after the crime, etc., and the conditions of the sentencing as shown in the records and the trial process shall be comprehensively determined as follows.

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