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(영문) 의정부지방법원 고양지원 2014.01.17 2013고단2073
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 October 28, 2013, while under the influence of alcohol on 0.23:56% of blood alcohol concentration, the Defendant driven a Col low-income vehicle in the section of approximately three kilometers from the front of the mutual influorial convenience store located in the white-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front of the forest landscape located in Goyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the state of driving under drinking;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered favorable circumstances among the grounds for the punishment by discretionary mitigation);

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is high in the number of drinking alcohol in this case, and the defendant was found to have been sentenced once to a fine due to drinking alcohol in around October 11, 2013 when he was found to have had a record of being sentenced once to a fine on around October 2006, and the fact that the defendant committed the crime of this case again again on about 17 days without being involved in the illegal driving on around October 11, 2013 is deemed to be disadvantageous circumstances. However, the defendant's mistake is deemed to be contrary to the recognition of his mistake, the fact that the defendant has no record of having been sentenced to a fine exceeding the fine due to drinking alcohol, and

It is so decided as per Disposition for the above reasons.

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