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(영문) 의정부지방법원 2019.05.28 2019고단740

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 November 9, 2018, the Defendant driven the D K7 car volume while under the influence of alcohol with blood alcohol zero point zero point zero point two (0.220%) in the section of about 15 meters in front of the Dong 15 meters of the passage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the state of driving under driving under the influence of alcohol and the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had been tried by several times of the same kind, the blood alcohol concentration of the defendant was considerably high, the criminal records of the same kind are relatively old, the defendant has no criminal records exceeding the fine, and the defendant has no criminal records other than the fine, and the punishment is determined as ordered by taking into account the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.