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(영문) 의정부지방법원 2017.12.12 2017고단3673
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 18, 2017, around 04:40, the Defendant driven BMW 320d motor vehicles with approximately 50 meters alcohol content 0.202% alcohol content in blood on the front of the restaurant of “Sacheon Gyeongcheon,” which is in the conduct of the Dong-si in Gyeonggi-do, and from the front of the apartment of “Sacheon Dok” located in the same Dong to the front of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to notify a survey report on actual conditions and the results of regulating drinking driving;

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (the fact that the crime of this case is against the crime of this case, the fact that there is no criminal record exceeding the fine, and the fact that there is no special criminal record other than the one before the fine is imposed);

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

1. The fact that the alcohol content is considerably high by 0.202% among the blood transfusions with the reason of sentencing under Article 62-2 of the Criminal Act, the traffic accident is caused without being limited to the simple driving of drinking, the fact that the person is a previous driver of drinking: Provided, That the crime of this case is against the crime of this case, the fact that there is no previous criminal record exceeding the fine, and the fact that there is no special criminal record other than the previous

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