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(영문) 의정부지방법원 고양지원 2016.01.21 2015고단3102

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 September 8, 2015, the Defendant driven a motor vehicle with D low alcohol concentration of about 0.202% while drunk from the common division inside the parking lot located in the Pyeong Sea of Pyeong-gu in the immediately preceding Ri to the parking unit division of approximately two meters at around September 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol and application of Acts and subordinate statutes of a report on the circumstances of drivers;

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 (see the following grounds for sentencing) of the mitigated amount

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. Although the defendant had already been punished twice due to drinking driving, he/she again drives the drinking of this case despite the fact that he/she had already been punished twice due to drinking, and the drinking level of drinking is very high to 0.202%, and there is a need for a strict punishment corresponding thereto.

However, considering the fact that the defendant's mistake is recognized, there is no record of punishment more severe than a fine, there is no record of crime between the last five years, and the distance of driving the drinking of this case is 2 meters or less, the sentence shall be determined to suspend the execution of imprisonment as above.