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(영문) 의정부지방법원 2013.09.26 2013고단2700

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

On July 22, 2013, at around 22:45, the Defendant driven a shower car, while under the influence of alcohol of about 0.136% of the blood alcohol concentration at approximately 0.136%, from the third direction of the 873rd road of Guri-si, Siri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report and a report on detection of a drinking driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. has a history of being sentenced to six times a fine for traffic-related crimes, and the offense under drinking is committed two times, and the degree of blood alcohol was discovered as a traffic accident due to drinking, and the degree of blood alcohol concentration is significant. However, there is a wide range of room for strict punishment in light of the following: the accused is led to the confession of the crime, the vehicle is scrapped, the vehicle is not scrapped, the vehicle is not scrapped, there is no history of punishment exceeding a fine, and other various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records