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(영문) 의정부지방법원 2015.11.11 2015고단2790
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 June 28, 2015, at around 03:20, the Defendant driven B K5 vehicle under the influence of alcohol with approximately 5km from the 5km section to the front road of the Sinyang-dong 710-4, Sinyang-dong 710-4, Sinyang-dong, to the same road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes of the report on exploitation;

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;

1. The reasons for sentencing under the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act include that the accused has driven under drinking alcohol with a very high blood alcohol level even though he/she had a record of drinking alcohol twice again, but the accused's past records are prior to 2009, the punishment shall be determined as per the order;

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