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(영문) 의정부지방법원 2017.05.02 2016고단5550
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2016, the Defendant driven a balcon vehicle under the influence of alcohol by 0.124% in a section of approximately 500 meters from the front of the Henyang-si, Namyang-si, Seoul Metropolitan City to the front of the same Eup/Myeon in the area of approximately 500 meters from the middle of the said road to the front of the two preceding roads.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The punishment provided for in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: In light of the same criminal record and one time before the previous offense, and the circumstances leading to detection (or detection that a stop has been made for 30 minutes or more while driving a motor vehicle while driving a motor vehicle while drinking): Determination of a sentence and a sentence that has no criminal record other than reflectivity, the same kind of fine and one time before and after the death of the motor vehicle: Other consideration of the defendant's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc.;

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