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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단221
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 January 2, 2017, the Defendant driven a B-wing truck under the influence of alcohol level of about 0.234% in a section of about 500 meters from the road in the Seoyang-gu, Seoyang-dong, 927-11 to the road in front of the 612 knific Republic of Korea, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes reporting the situation of driving under drinking;

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 July 21, 2016, was punished as a fine for a crime of violating the Traffic Act (drinking) on July 21, 2016 under Article 62-2 of the Criminal Act, again driving under the influence of alcohol more than five months.

The alcohol concentration in blood reaches 0.234%.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the sentencing conditions identified in the records and trial process of this case, such as the motive and background of the crime, shall be determined as per the order.

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