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(영문) 의정부지방법원 고양지원 2016.04.07 2015고단3556
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 October 19, 2015, the Defendant driven a C high-class truck under the influence of alcohol content of about 0.225% in a section of about 800 meters from the front line of ridged rice fluoron in Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the report on detection of the driver involved and the Acts and subordinate statutes of response to appraisal;

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

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

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. Two years of a stay of execution, etc. for one year of imprisonment with prison labor for a decision of sentence (the fact that the figures of drinking are highly high, the fact that the same kind of criminal records are several times, the circumstances leading to the crime, the fact that there are family members to support, the age, sexual behavior, and the relationship between

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