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(영문) 의정부지방법원 고양지원 2017.04.19 2017고단540

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four 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 February 18, 2017, the Defendant driven a B Clostler 300C motor vehicle with approximately 300 meters alcohol concentration at 0.11% while under the influence of alcohol level at around 0.11% while under the influence of alcohol level at around 0.11% in the middle-gu, Seo-gu, U.S., U.S., where it is impossible to find out the trade name in the middle-gu, U.S. P. P. 18, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. 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. Taking into account all kinds of conditions of sentencing, including the Defendant’s age, sex, environment, details of the crime and circumstances after the crime, etc., that reflects the erroneous reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, three times before and after drinking driving (202, 2004, 2016), the drinking numerical value and the distance of driving, and other conditions of sentencing, such as the Defendant’s age, sexual behavior