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(영문) 의정부지방법원 고양지원 2017.04.20 2017고단544
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 December 8, 2016, under the influence of alcohol level of 0.225% among the blood alcohol level of around 23:20, the Defendant driven a typ car from around the 140-lane, Seoyang-gu, Busan Metropolitan City, Seoyang-si, Seoyang-si, Seoyang-gu, Seoyang-si, Seoyang-si, to the ICIC road of approximately 8 kilometers in approximately 140.

Summary of Evidence

1. Statement by the defendant in court;

1. The notification of the results of regulating drinking driving and the application of Acts and subordinate statutes of the report on the circumstances of drinking driving;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the fifth drinking alcohol from 200 to the instant crime.

The alcohol concentration in blood reaches 0.225%.

However, there is no criminal defendant who has been under the influence of drinking for not less than nine years.

In addition, the defendant's age, sex, family relationship, motive for committing a crime, circumstances after committing a crime, etc., and all of the sentencing conditions identified in the records of this case and the trial process shall be determined as per the order.

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