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(영문) 의정부지방법원 고양지원 2014.08.28 2014고단283
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:10 on January 17, 2014, the Defendant driven a B-type vehicle under the influence of alcohol 0.080% in blood alcohol concentration, even before reaching the front road of the Myeon warrant ginseng warrant on the high water surface, which is in knowledge of the trade name in the light of the Myeon warrant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. have the record of being punished four times due to drunk driving for the reason of sentencing, and in particular, in 2004 and 2008, the crime of this case was led to the confession of the defendant, the defendant committed again even though he was sentenced to a suspended sentence. Since 2008, the defendant has no record of being punished for the same kind of crime, and the punishment is determined as ordered in consideration of various circumstances, such as drinking water, driving distance, age, character and behavior, environment, etc. of the defendant, and the conditions of sentencing, such as the following circumstances.

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