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(영문) 의정부지방법원 2013.04.26 2013고단585
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 February 3, 2013, at around 09:30, the Defendant driven a B B arche car with a blood alcohol content of about 0.228% under the influence of alcohol on a two-km section from the Do in front of a potatonium 736-1 in the same Eup/Myeon, where the trade name in the Jinnyang-si, Jin-si, Namyang-si is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, such as the provision of community service and order to attend lectures, are high drinking and the same previous department may be used, but a punishment shall be determined in consideration of the fact that there is no criminal conviction exceeding the fine

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