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(영문) 의정부지방법원 고양지원 2019.06.12 2019고단896
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 3, 2019, the Defendant driven a F Kani vehicle in the state of alcohol alcohol concentration of approximately 0.126% at the section of approximately 200 meters from the “C public parking lot” located in Gyeyang-gu Seoul Metropolitan Government B to the “E” road located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. The punishment as ordered shall be determined by taking into account the fact that there are two times the records of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the relatively high drinking level, the confession and reflect of the crime, the age of the accused, etc., and all of the sentencing conditions stipulated by Article 51 of the Criminal Act.

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