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(영문) 의정부지방법원 2017.09.26 2017고단2184
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 April 12, 2017, the Defendant driven B, while under the influence of alcohol content of approximately 0.239% from the 30-meter section from the 957-ray to the 955-8-ray of the same Sinung-ro, Soviri-ro, Soviri-ro, Soviri-ro, G, Skikiki-si, the Defendant driven a vehicle with alcohol content of approximately 0.239%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to notify the results of regulating 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 the mitigation of a small amount (see, e.g., Supreme Court Decision 30 meters in width, in consideration of the fact that driving the vehicle is too small and half) ;

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 Order to Attend Education lies in the defendant's previous records of driving alcohol and one time before measuring drinking alcohol, and the amount of alcohol content 0.239% at the time of the instant case: Provided, That a substitute driver at the time was not a substitute driver at the time, and the distance of driving of the instant drinking is less than 30 meters, reflects the fact that the distance of driving of the instant drinking is less than 30 meters, and there is no previous record of the same kind of fine

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