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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단2240
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2016, at around 09:02, the Defendant driven a B SP vehicle under the influence of alcohol leveling 0.292% from the section of about 10km to the front road of the siren 29 U.S. Sim. Simn-si from the cirthal road located on the PPPari-si, PPari-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as making inquiries about the control of drinking driving and making an appraisal report;

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 Defendant, with the reason for sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished by a fine for the same crime in 2013.

The degree of blood alcohol concentration is high and the distance of driving is also long, and therefore the crime of this case is not good.

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 of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.

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