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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단2823
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 September 7, 2016, around 00:14, the Defendant driven B K5 vehicle under the influence of alcohol at a distance of about 300 meters from the front day of Ildong-gu, Mangdong-gu to the front day of the passenger class, located in the same 712, in the same lake of the Gu, to the front day of the passenger class.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial reports, written appraisal, and written report on the occupancy of an alcoholic beverage driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the defendant, the degree of alcohol level, the record of punishment for drunk driving (4 times), the time gap between the immediately preceding detection date, the fact that there is no history of punishment exceeding the fine due to traffic crimes, and the fact that there is no history of punishment exceeding the fine due to traffic crimes, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing, including the defendant’s age, character and conduct, environment, occupation and experience, family relationship

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