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(영문) 인천지방법원 2018.02.19 2017고단8961
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 November 7, 2017, the Defendant driven a B-hand car with alcohol content of 0.166% in blood, while under the influence of alcohol around 17:3 on November 7, 2017, and proceeded with approximately 1.5 km from the Do in the Incheon Yeonsu-gu Incheon Metropolitan City, which is located in the Dong of Yeonsu-gu, Incheon, to the road following the Do in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

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

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 Protection, Observation, etc. of the Order to Attend the School, even though there are a number of criminal records of the same kind of crime committed by the Defendant, which violated the Road Traffic Act, and driving a motor vehicle under the influence of alcohol, is not good, but the crime of this case was committed in this case. However, after the Defendant became aware of the result of the inspection conducted by the hospital, the judgment was made while drinking, and the judgment was made, it seems that the Defendant committed the crime of this case. For several years, the Defendant was not punished for the same crime; the Defendant was not punished for the same kind of crime; the Defendant’s age, sex, environment, family relationship, etc. was divided later, and all other circumstances constituting the conditions for sentencing such as the Defendant’s age, sex, and family relationship.

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