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(영문) 의정부지방법원 고양지원 2017.06.21 2017고단1421
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 7, 2017, under the influence of alcohol level of 0.194% from around 05:26 on May 7, 2017, the Defendant driven a car with B physical height from the funeral ceremony parking lot in the Gyeonggi-gu, Seosan-gu, Sinsan-gu, Gyeonggi-do to the roads front of the SK KK oil station located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, reporting on the occurrence of traffic accidents, and application of statutes governing field photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are contradictory to the sentencing, two times including the driving force of drinking in 2016, and the drinking value is significant, the physical damage accident caused by the central separation unit, the driving distance, the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant arguments, including the circumstances after the crime, should be taken into consideration.

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