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(영문) 의정부지방법원 고양지원 2017.04.13 2017고단589
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 5, 2017, the Defendant driven Cbenz car under the influence of alcohol content of approximately 0.235% in the section of approximately 200 meters from the front of the new construction site located in the 1559-2, Seo-gu, Busan, Seo-gu, Seo-gu, 1559-2 to the front road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on the situation of driving under drinking, notification of the results of crackdown on driving under drinking, a report on the situation of the driver under driving under drinking, a response to a request for appraisal, a statement of alcohol alcohol during blood, and a report on the detection of

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a majority of the past records of punishment for drinking driving, and the amount of alcohol concentration in the blood of this case is also high.

However, there has been no history of punishment for the last five years.

Here, considering all circumstances such as the defendant's age, health, driving circumstances, and distance, the punishment is determined as per the disposition.

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