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(영문) 의정부지방법원 고양지원 2016.06.02 2016고단321
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who has three-time driving skills.

On March 31, 2016, the Defendant driven a Bsch Rexn car under the influence of alcohol concentration of about 7 km from the road located in the Seodaemun-gu Seoul Special Metropolitan City on March 1, 201 to the road in front of the new reconfection located in the Tae Tae-gu Special Metropolitan City of Pakistan, the Defendant driven a Bsch Rexn car under the influence of alcohol concentration of about 0.087%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous offense indicated in the principal driver's circumstantial report;

1. Written inquiry about criminal history, etc.;

1. Application of investigative reports (verification of suspect's records of drinking on three occasions)-related Acts and subordinate statutes;

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

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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. Two years of stay of execution, etc. for eight months of imprisonment with prison labor for a decision of sentence (the circumstances and result of the commission of the crime, the criminal records and results thereof, the criminal records of the same kind and those who have no criminal records of the suspension of execution, the family members to support the defendant, and other factors such as age, sex

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