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(영문) 의정부지방법원 2019.09.03 2019고단2932
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

around 21:50 on June 10, 2019, the Defendant driven an Ebeh or car while under the influence of alcohol 0.193% of alcohol level from the 500-meter section to the D front road near the “C” restaurant located in Yangyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes, such as a written appraisal of alcohol from blood, and a result of the crackdown on drinking driving;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant committed the instant crime even though he/she was punished several times for the violation of the Road Traffic Act, and that the drinking driving level is relatively high, etc. is disadvantageous to the defendant.

Considering the fact that the defendant's mistake is recognized and seriously against the defendant, the fact that there is no record of criminal punishment exceeding the fine due to the same kind of crime, etc., the defendant's age, character and behavior, environment, economic situation, motive or circumstance of the crime, motive or circumstance of the crime, method and method of the crime, contents and result of the crime, etc., the punishment as the order shall be determined in full view of all the conditions of the sentencing

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