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(영문) 의정부지방법원 2015.10.16 2015고단3150
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on July 12, 2015, the Defendant driven CEX car in the state of alcohol with approximately 50 meters alcohol concentration of 0.212% from the front of the restaurant "Yyangdong" to the front road of the same 119-2.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Reports on traffic accidents and application of Acts and subordinate statutes governing field photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (or choice of imprisonment, in consideration of the fact that the blood alcohol concentration is very high and that there is the same criminal history);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da15

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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