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(영문) 의정부지방법원 고양지원 2017.10.26 2017고단2503

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 24, 2017, the Defendant driven a C-A-hurd-hurged car with approximately 300 meters alcohol content 0.246% under the influence of alcohol on the front side of the “poppy frame and the missionary work” located in the Dong located in the Tong-gu in the Papju City from the “Poppy Stoppy,” Seo-gu, Seoyang-gu, Busan at the time of Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of the driver involved, response to a request for appraisal, and report on the detection of the driver involved;

1. Relevant Article of the Act and Articles 148-2 (2) 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. Taking into account all circumstances, such as the degree of alcohol concentration, the background and distance of drinking driving, the defendant's history of punishment for drinking alcohol, etc. during the instant blood transfusion for the reason of sentencing under Article 62-2 of the Criminal Act;