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(영문) 의정부지방법원 고양지원 2017.03.15 2017고단401
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2017, the Defendant driven a motor vehicle with B low alcohol level of about 100 meters in a section of about 00 meters from the front day of a soft village to the front road of an apartment complex, which is located in the gold village in the gold village in the Sinju City, from January 21, 2017 to the front road of the apartment complex, while under the influence of alcohol level of 0.201%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act reflects the wrongness of sentencing, the fact that a person repeats a crime within a short period despite the past record of punishment for drinking driving in 2016, the drinking value and driving distance, the age, sex, environment, circumstances of the crime, and the circumstances after the crime, etc. specified in the arguments in the instant case should be taken into consideration.

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