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(영문) 의정부지방법원 2013.10.10 2013고단2932
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 2, 2013, around 17:35, the Defendant driven a vehicle with approximately 10 meters in the B low-est typon, while under the influence of alcohol content of 0.217% on the front of a restaurant for brea-dong 256-11, Yongsan-dong, the Government of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report and a report on detection of a drinking driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution ( favorable circumstances among the reasons for sentencing below) is that the defendant has the record of committing the same kind of crime, in this case, it is discovered that the traffic accident caused by drinking was caused by drinking, and the blood alcohol concentration was significant. However, there are many concerns for strict punishment in light of the fact that the defendant is led to a crime, and that the defendant is not guilty, and that there is no record of punishment exceeding the fine, and that there is no record of punishment exceeding the fine, and other circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime

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