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(영문) 의정부지방법원 고양지원 2018.12.14 2018고단2146
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 4, 2018, the Defendant driven a Bbee cruise vehicle under the influence of alcohol content of about 0.195% at a distance of about 500 meters prior to the 500-meter road of light underground streets, in the same Dong located from the Do near the station of the Campe Party in the Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the detailed statement report on the driver's license and alcohol during blood;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for an order to attend a lecture and an order to provide community service order are as follows: (a) even though the Defendant had been punished by a fine on three occasions due to drinking, he/she again driven alcohol; and (b) at the time, alcohol concentration is very high.

On the other hand, the defendant is against the wrong recognition, and again, the defendant is not driving under the influence of alcohol, and he was only driving under the influence of alcohol without any particular damage.

The sentence is to be determined as ordered by considering all factors of sentencing as shown in the arguments in the instant case, such as the course and distance of drinking driving, the age, sex, environment, family relationship, etc. of the Defendant.

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