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(영문) 의정부지방법원 2014.06.13 2014고단1215
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not more than ten 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

On April 12, 2014, at around 22:26, the Defendant driven a C-U vehicle under the influence of alcohol with approximately 10km alcohol concentration of 0.227% from the 10km section from the Gyeongnam hotel located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul Metropolitan Government to the sular road located in the Guri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective nature);

1. In light of the reasoning for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant's blood alcohol concentration at the time of driving of this case was 0.227% high at the time of driving of this case, and the past has served as a suspended sentence of imprisonment or a fine for the same kind of crime, a sentence of imprisonment should be imposed against the defendant. However, the defendant should not be sentenced to a re-offending, in full view of the following factors: the defendant's age, character and behavior, environment, health conditions, family relationship, and other various sentencing conditions such as the defendant's age, character and behavior, family relation, and circumstances after committing the crime, it is judged that it is reasonable to give the defendant a new opportunity, and the sentence should be determined as ordered by the order.

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