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(영문) 의정부지방법원 2018.01.23 2017고단3562

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 23, 2017, the Defendant driven the U.S. 49 Calba in a state of under the influence of alcohol content of about 0.278% in blood while under the influence of alcohol at about 300 meters from the foregoing section of 300 meters from the U.S. Sincheon-si, Mapocheon-si, Eup, Mapo-si, and the lower part of the lower part of the lower part of the lower part of the water.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of departments related to the 112 Incident and notification of the results of crackdown on drinking driving;

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (limited to approximately 300 meters from driving distance of drinking, the fact that driving by the defendant is relatively less dangerous than a motor vehicle by 49 cc. for driving by the defendant, the fact that the person is under protection, and the fact that there is no criminal record of the same kind exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Two times before and after the driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the higher alcohol concentration in the blood is 0.278%: Provided, That the driving distance of alcohol is 300 meters, the driving of the Defendant is less dangerous compared to the motor vehicle by 49 c. c., the driving of the motor vehicle is less dangerous than the motor vehicle by 49 c. c. and there is no previous conviction in excess of the fine, comprehensive consideration; and