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(영문) 의정부지방법원 2016.08.18 2016고단1673
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 7, 2016, while under the influence of alcohol content of 0.130% among blood transfusions, the Defendant driven a vehicle B in the section of approximately 500 meters from the “balsing room” located in the Gyeonggi Pyeong-gun, New Embrosium to the front road of the new Embrosium located in the same page.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of drivers driving a drinking and notify the results of regulating drinking driving;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

However, the sentencing conditions shown in pleadings, such as the defendant's age, sex, environment, motive, means and result of the crime, etc., shall be determined as the order, taking into consideration the fact that the defendant's mistake and reflects the defendant's mistake, and the punishment shall be determined like the order.

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