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(영문) 의정부지방법원 2015.09.11 2015고단2018

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 27, 2015, the Defendant driven approximately 50 meters away from her blood alcohol concentration of 0.382% on the roads of Yangju-si, Yangju-si, both of which are under the influence of alcohol at 0.382% on Apr. 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (or choice of imprisonment, in consideration of the fact that the blood alcohol concentration is very high and that there is the same criminal history);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da15

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;