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(영문) 의정부지방법원 고양지원 2019.03.21 2019고단215
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2019, around 04:23, the Defendant driven C Laren vehicle with the blood alcohol concentration of 0.207% at approximately 40 meters from the underground parking lot of B, to the entrance of the said parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, report on the circumstantial statement of a drinking driver, inquiry request for appraisal, and inquiry into the results of the regulation of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the number of blood alcohol content at the time of the instant crime is high to 0.207%, and causes an accident that shocks the blocking devices, drinking driving is a crime that may cause serious damage to the life, body, and property of others as well as himself/herself, and there is a need for punishment corresponding thereto, and there is a history of criminal punishment for the crime of violation of the Road Traffic Act in 2017.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.

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