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(영문) 의정부지방법원 고양지원 2018.06.22 2018고단929
도로교통법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a company member.

1. On March 13, 2018, the Defendant was driving a BS-type car owned by the Defendant from the main point of “Arbrb B-type car” located in the 1048 from the station of “Arbrb-type car” to the 76-24 km-ro, in a state of under the influence of alcohol of 0.131% from blood during the influence of alcohol on March 13, 2018, at the section of approximately 2 km-ro, from the main point of “Arbrb-type car” to the 76-24 km-ro.

2. On March 13, 2018, at around 02:41, the Defendant: (a) was under the influence of alcohol by the police officer E during the police box affiliated with the police box; (b) was under the demand for the measurement of alcohol concentration during pulmonary blood; (c) was under the demand for the measurement of alcohol concentration during blood collection; and (d) was under the demand for questioning of whether the blood alcohol concentration was measured through blood collection; and (e) was under the influence of the driver’s report on the circumstances of the driver’s license for the Defendant under the aforementioned E, who was under his/her possession.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. The tear tear or public documents (report on the circumstances of the driver in charge);

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 141 (1) of the Criminal Act (the point of damaging documents for public use) and the choice of imprisonment for each sentence concerning the crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the extent of the sum of the long-term punishments for each of the above crimes: Provided, That the minimum sentence shall be determined by the punishment determined for the crimes of violation of traffic laws on roads (driving of alcohol));

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that there was a history of punishment for driving of drinking alcohol and driving without a license for the reason of sentencing, driving of blood while in a relatively high level of alcohol level, and the fact that the operation of drinking while under the influence of alcohol was controlled, damaging the official documents, etc., is against the defendant, and the driving distance is reflected by the criminal offense.

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