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(영문) 의정부지방법원 2016.09.23 2016고단1859
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 April 27, 2016, the Defendant driven B K5 car owned by the Defendant under the influence of alcohol of about 0.203% of alcohol concentration in blood at approximately 300 meters from around 23:50 to around 300 meters in the front direction of the Republic of Korea, in the vicinity of the Macheon-si, Eup, and Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place and a report on the situation of the driving at the main place;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's two times of punishment for the same kind of crime: the defendant's recognition of the crime of this case and seriously reflects the defendant; the defendant has no record of being sentenced to a fine exceeding the fine after being sentenced to a suspended sentence of ten months on July 30, 199 due to a violation of the Road Traffic Act on July 30, 199; and the defendant's age, sexual behavior, environment, means and result of the crime; and the conditions for various sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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