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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단41
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 December 8, 2015, the Defendant driven B Sponsese-ray car under the influence of alcohol content of 0.20% in the blood alcohol content on the front of the restaurant, from the French-gu, Seo-gu, Seo-gu, Seo-gu, Pyeong-si, Seo-gu, Pyeong-si, Pyeongju to the front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to a reply to a request for appraisal and the results of crackdown on drinking driving;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the criminal records of the same kind that the defendant has been punished once as a suspended sentence of imprisonment with prison labor.

Nevertheless, the crime of this case was committed again.

Provided, That the criminal defendant is against his/her will, and the criminal records are against his/her own will and the punishment shall be determined as per the disposition, considering the fact that they are the previous criminal records for about

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