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(영문) 의정부지방법원 고양지원 2016.01.28 2015고단3267
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 17, 2015, the Defendant driven a Bnish-water vehicle under the influence of alcohol content of about 0.271% while under the influence of alcohol at a section of approximately 200 meters from the French-gu, Seosan-dong to the roads adjacent to the same Ilsan-dong underground roadway.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Application of the statutes to the situation report on the driver employed in the main place, and the driver detecters for each main place;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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 reason for sentencing under Article 62-2 of the Criminal Act on February 7, 2012, despite the fact that the defendant was punished by a fine for drinking driving on February 7, 2012, he/she again drives the instant drinking, and the alcohol concentration in blood is very high to 0.271%, and there is a need for any corresponding strict punishment.

However, in consideration of the fact that the defendant repents his mistake, there is no record of punishment more severe than fines, and that the substitute driver seems to have driven a drinking from the beginning, not from the beginning, but from the beginning, he is deemed to have driven a drinking again, the punishment shall be determined to suspend the execution of imprisonment as above.

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