(영문) 의정부지방법원 2017.07.27 2017고단2051

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(영문) 의정부지방법원 2017.07.27 2017고단2051

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 3, 2017, the Defendant driven a Bsber vehicle with alcohol content 0.249% 0.249% from the 5K section from the front side of the 3rd city of the Republic of Korea to the front side of the 6th unit of the Mancheon-si, Gocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the reporting of the circumstances of driving a driver at home, the reporting of the circumstances of the driver at home, and the investigation report (the reporting of the driver at home);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.

- It is clear that there is no criminal record more than a serious reflective or suspended sentence, social relationship between the defendant and his family members, and that the detention of the defendant entails excessive difficulty with his family members, - the defendant has been issued a summary order of a fine of KRW 5 million on January 11, 2013 due to a crime, such as a violation of the Road Traffic Act (drinking driving), and the degree of alcohol concentration in the blood, etc., the criminal liability is not minor in light of the degree, etc. of alcohol

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