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(영문) 의정부지방법원 고양지원 2017.05.23 2016고단2764
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

On June 7, 2016, the Defendant driven a light village 8 km from around 14 km to the front road of the light village, as long as it is located in the 15th in the Hyundai Moscam, which is in the same city and tin, in the state of alcohol concentration of 0.186% among the blood alcohol, at around 12:15, the Defendant driven a light-based car at the distance of about 14km to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to report on investigation (to listen to statements by the police station);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: A person has been punished for the same criminal record.

During the suspension period, there is a high possibility of criticism for the crime of this case.

The drinking value is 0.186% higher.

The favorable circumstances: Recognizing and opposing crimes.

Personal injury was not caused.

There is a family member to be supported most.

In order to maintain the spouse's family, the defendant's prior wife is considered to be able to keep the spouse's family.

In addition, all the sentencing conditions specified in the pleadings of this case, such as the distance of movement, the age of the defendant, the sex, the environment, family relationship, and the circumstances after the crime, shall be determined the same as the order.

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