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(영문) 의정부지방법원 2015.02.12 2014고단4156
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 of the final judgment.

Reasons

Punishment of the crime

On August 11, 2014, the Defendant, while under the influence of alcohol of 0.228% on blood alcohol level on August 20:25, 2014, driven Bone Star passenger car at approximately 2 km in front of the entrance of the water pipe, a water pipe, which is located in Gyeonggi-gu, in the street of Gyeonggi-gu.

Summary of Evidence

1. Defendant's legal statement;

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

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant shows his/her attitude to repent in depth with his/her mistake and that he/she has no record of punishment exceeding a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. An order to attend a law-abiding lecture is issued to prevent recidivism in consideration of the fact that the accused has been punished by a fine due to drinking, driving without a license, refusing to measure drinking, etc., under Article 62-2 of the Criminal Act;

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