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(영문) 의정부지방법원 2019.02.13 2018고단5237
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 November 25, 2018, at around 01:50, the Defendant driven C Coinc car at approximately 100 meters, while under the influence of alcohol concentration of 0.199% on the front of B apartment house at the Namyang-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

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. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the crime of this case was committed in the state of driving under very high 0.199% of the blood alcohol concentration in the second blood.

The defendant left a vehicle on the road while diving it on the vehicle, and seems to have been very at the time of committing the crime.

However, the fact that the defendant is recognized as committing the crime and the driving distance which has been proved until now is not relatively long shall be considered in favor of the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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