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(영문) 의정부지방법원 2013.08.13 2013고단1750
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On 20:10 on 20:06, the Defendant driven BP motor vehicle under the influence of alcohol with approximately 0.330% of blood alcohol content from the 80-meter section of the old-Eup office located in Seoyang-si, Namyang-si to the 461-42 o of the old-Eup office located in Seoyang-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Application of the Acts and subordinate statutes to photographs at the detection;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the defendant's blood alcohol content at the time of sentencing is 0.330%, and the defendant has been punished twice due to drinking driving, etc., which are disadvantageous to the defendant, the circumstances and the defendant are divided and led to his crime, and the defendant has no record of being punished exceeding the fine due to drinking driving, and the most severe punishment of the above fine is determined as ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant's blood alcohol content at the time of sentencing is 0.330%.

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