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(영문) 의정부지방법원 고양지원 2017.04.13 2017고단421
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 February 13, 2017, the Defendant driven B SP wing car under the influence of alcohol content of about 0.123% in a section of about 300 meters from the day near the home packer road located in the Dongdong-gu, Busan Metropolitan City to the day front of the Dong-gu, Busan Metropolitan City, which is located in the same Gu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, notification of the results of crackdown on driving under drinking, and application of Acts and subordinate statutes to the regulations;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The defendant for the reason of sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has committed the instant crime again even though he/she had the record of punishment for drinking driving.

However, the above force was relatively old and has been punished by a fine, and considering the fact that the defendant is against his fault in depth, the punishment shall be determined as per the Disposition.

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