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(영문) 의정부지방법원 2013.09.24 2013고단2695

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 of the final judgment.

Reasons

Punishment of the crime

At around 22:30 on August 1, 2013, the Defendant driven approximately 500 meters off the B rocketing vehicle from the Do in front of the Yomar Park in the Yyeong-gu in Gyeonggi-gu, the upper part of which is 0.303% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiries into the results of the control of drinking driving, and reports on driving a drinking driver and electronic documents;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentence shall be determined as per the order, considering all favorable circumstances to the defendant, such as the fact that the defendant's blood alcohol content is 0.303% high at the time of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the fact that the defendant has a record of being punished for drinking driving, etc., that the circumstances unfavorable to the defendant and the defendant are divided and led to the crime, and that there is no record of being punished exceeding the fine due to drinking driving, etc.