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(영문) 의정부지방법원 고양지원 2015.09.11 2015고단1424
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 3, 2015, around 00:21, the Defendant driven B radar car while under the influence of alcohol content of 0.204% at the front of the 159-dong Middle School, the Goyang-gu, Mangsan-si, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is significantly high in the Defendant’s drinking value, and the Defendant has been punished by a fine for the same kind of crime around 2011, and has appeal economic difficulties.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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