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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단271
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2014, around 21:55, the Defendant driven a Brocketing car with the blood alcohol concentration of about 0.181% from around 4 kilometers of approximately 0.4 kilometers from the front of a cafeteria-si, Seoyang-gu, Goyang-si to the front of the household store.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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

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

1. Probation and community service order, education order, Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act was punished twice as a drunk driving for the reason of sentencing, and in particular, in 2008, the crime of this case was committed again even after being sentenced to a suspended sentence, and the blood alcohol concentration level is high. However, since 2008, there was no record of punishment due to drunk driving, the defendant is led to confession, and the punishment shall be determined as ordered in consideration of various circumstances, such as the defendant's previous conviction, the distance of drunk driving, age, character and behavior, environment, and circumstances after the crime, etc.

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