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(영문) 의정부지방법원 고양지원 2014.07.10 2014고단286

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was under the influence of alcohol content 0.14%, and around 23:40 on December 27, 201, the Defendant driven a C Abdo-purd vehicle at the section of approximately 2 km in the front of the “a regardless of whether a church is a “a free church,” located in the Plundong-dong, Yongsan-gu, Busan-si, Seoyang-si, Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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

2. Article 62 (1) of the Criminal Act;

3. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even in the past despite the past that the Defendant had been punished several times due to drinking driving or unlicensed driving, and drinking driving is likely to cause serious human and physical harm, and the offense is bad, etc., which are elements for sentencing unfavorable to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes all the facts charged in the instant case and reflects the fact that it is possible to take into account the circumstances of drinking driving and that three children should be supported.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.