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(영문) 의정부지방법원 2020.06.08 2020고단1985
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

At around 18:58 on March 31, 2020, the Defendant driven DK5 car volume from the front side of the Macheon-si B building to the front side of C in the Namyang-si, the Defendant was under the influence of alcohol of 0.17% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and records of the crackdown;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for the violation of the Road Traffic Act (driving) around 2006, taking into account, inter alia, the distance from the previous penal records, and the blood alcohol concentration of the instant case 0.17% or more, taking into account the following factors: the defendant’s age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, such as the records and arguments of this case, shall

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