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(영문) 의정부지방법원 고양지원 2015.09.17 2015고단1806
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 July 11, 2015, around 19:25, the Defendant driven a Crop vehicle with a blood alcohol concentration of about 0.203% from around 30 meters to the front road of the Seoyang-gu So-dong 696 Gowon-dong 696, Seoyang-gu, Goyang-gu to the front road of the 692 Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

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

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 (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing in Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished twice due to drinking driving, and again, the drinking alcohol driving in this case has been very high to 0.203%, which causes minor but minor traffic accidents. In addition, there is a need for strict punishment corresponding thereto.

However, considering the fact that the defendant's mistake is divided, that the drinking driving force is relatively long time, and that damage caused by traffic accidents has not occurred even once, the sentence of imprisonment is not imposed and the execution of the above imprisonment is suspended.

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