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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단3453
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 October 31, 2016, around 23:53, the Defendant driven B e220 CDI car while under the influence of alcohol content of about 0.239% in the direction of about 10km from the insular road of Mapo-gu Seoul Metropolitan Government to the front road of the station distance of the 1445-15 Won-gu, Goyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a response to a request for appraisal and a report on detection of a primary driver;

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 Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, driven a three-time drinking alcohol due to the instant crime.

The blood alcohol concentration is very high and the distance of driving is also visible.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the sentencing conditions identified in the records and trial process of this case, such as the motive and background of the crime, shall be determined as per the order.

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