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(영문) 의정부지방법원 고양지원 2017.03.15 2017고단386
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 January 5, 2017, while the Defendant was under the influence of alcohol level of 0.165% among the blood transfusion around 23:30, the Defendant driven the Bcoon vehicle at the section of about 5 km up to the shooting distance of approximately 65 meters from the Jyang-gu, Gangseo-gu, Seoul, Goyang-gu to the front of the fire-fighting dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking and the application of Acts and subordinate statutes of a survey report;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is against the order to attend a lecture, the fact that the driving of drinking alcohol is past (200, 2004), the drinking level, the driving distance, the driving distance and the driving of drinking alcohol causes physical damage, and other factors of the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. shall be taken into consideration;

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