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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단1551
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On July 2, 2014, at around 07:30, the Defendant driven B car at a section of about 500 meters prior to a 37-lane in Yongsan-gu, Yongsan-gu, Yongsan-gu, Goyang-si, Goyang-si, with a alcohol concentration of 0.197 percent.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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

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

3. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime in the past despite the past, even though he/she had been punished as a crime of drinking driving or refusing to measure drinking; and (b) the drinking driving is in danger of causing serious human damage by a large traffic accident, which is disadvantageous to the Defendant in terms of sentencing.

On the other hand, the fact that the defendant recognized all the facts charged in this case and reflected in it is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.

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