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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1203
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 May 5, 2018, at around 23:00, the Defendant driven CM3 car in the state of alcohol alcohol level of about 0.11% while under the influence of alcohol level of about 700 meters from the front of Samsung C&L base to the front of the Central M&L base located in the city of Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the circumstances of the driver driving, report on the situation of the driver driving of alcohol and application of the statutes governing the driver's license register;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the conditions of sentencing indicated in the records, such as the following circumstances and alcohol level, driving distance, age, occupation, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., shall be determined in full view of the following conditions of sentencing:

- Drinking driving is highly dangerous and social harm and requires strict punishment.

- In October 2017, the Defendant was punished by a fine due to drinking driving, and was punished by a fine due to a driving without a license in February 2018, but it has not been long long, and was engaged in drinking and driving without a license again.

- However, the defendant has committed a misunderstandings and has not committed a second offense.

- There is no history that the defendant has been punished beyond a fine.

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