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(영문) 의정부지방법원 고양지원 2014.07.25 2014고단1000
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 3, 2014, around 19:35, the Defendant driven C rocketing vehicles under the influence of alcohol content of about 0.206% at the center of approximately 1.5 meters, from the Do in front of the 19:40 on the same day, to the front road of the 131 Hadong Residents' Center, Goyang-gu, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case again even though he had a majority of the records of the same kind of permission for driving without drinking alcohol, and the blood alcohol concentration is high, causing a traffic accident, etc.

However, the defendant does not have been punished for the suspension of execution or more due to the same or similar force, and does not have been punished as the same or similar force since 2009, the defendant is able to divide his/her mistake in depth and reflects his/her fault, and the execution is deferred by taking into account all other circumstances such as family relation, economic situation and health condition of the defendant.

It is so decided as per Disposition for the above reasons.

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