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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단2230

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 17, 2018, the Defendant driven a BN motor vehicle under the influence of alcohol content of approximately 0.298% from a section of about 700 meters to a road adjacent to the same Dong, which is located in the trade name in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to inquire into the results of crackdown on driving alcohol and make a statement under the circumstances of drivers;

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. 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. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; (b) the background of the detection of the instant case; and (c) the amount of alcohol concentration in blood; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., the sentence as ordered shall be determined.