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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단2162
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

At around 22:50 on September 1, 2014, the Defendant driven a knife vehicle with blood alcohol concentration of approximately 0.233% from the section of approximately 1km to the front road of the ambast-gu, Goyang-si, Goyang-si, Soyang-si, the Defendant was under the influence of alcohol at approximately 0.23%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the report on the state of drinking drivers and the control of drinking driving;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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 again committed the instant crime even though he was sentenced to a fine due to drunk driving in 2013, the blood alcohol concentration exceeds 0.2%: Provided, That the punishment shall be determined as ordered in light of the following: (a) the Defendant has no previous conviction due to drunk driving, other than the above previous conviction, and the Defendant is led to confession and reflect, etc.

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