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(영문) 의정부지방법원 2015.06.26 2015고단122
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2014, at around 22:10, the Defendant driven a B car with approximately KRW 700-meter radius from the Seodaemun-gu, Sincheon-si, Macheon-si, to the front day of the 165 Gacheon-si, Gocheon-si, GSstro 165, while under the influence of alcohol content 0.279% in blood alcohol content.

Accordingly, the Defendant driven an automobile while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 of Article 62-2(1) and proviso to Article 62-2(2) of the Criminal Act on probation and order to attend a lecture falls under the fourth drinking driving, and the blood alcohol concentration at the time of driving was significantly high.

However, considering that all of the past crimes of the defendant were past crimes for not less than 10 years from the crime of this case, the punishment shall be determined as per the order.

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