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(영문) 의정부지방법원 고양지원 2017.08.18 2017고단1859

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 May 8, 2017, the Defendant was under the influence of alcohol content of 0.124% during blood transfusion around 23:56 on May 8, 2017, the Defendant driven BM7 car at approximately 300 meters in front of the 17th East-gu, Seoyang-gu, Busan Metropolitan City only 98-ro 17 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has been subject to the disposition of juvenile protection once a drinking driver, two-time fine driving without a license, three-time driving without a license, and one-time juvenile protection once a drinking driver, but it is not good that he/she has been under the influence of drinking.

However, it is reasonable to consider the defendant's attitude to reflect.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.