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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3692
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 November 27, 2017, the Defendant driven a motor vehicle of approximately 500 meters from the front of the Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Busan-si, Seoul-si, to the middle village of Busan-dong, Jungsan-dong, Jungsan-dong, China-do, 2, with a alcohol level of 0.241% in alcohol level among the blood transfusions around 17:30 on November 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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 grounds of sentencing Article 62-2 of the Criminal Act, driven the fourth drinking from 2001 to the instant crime.

The blood alcohol concentration is very high.

However, there is no criminal record of drinking, which is against the defendant and punished beyond a fine.

In addition, the punishment shall be determined as ordered in consideration of the motive and background of the vehicle, driving distance, etc., and all of the sentencing conditions identified in the course of the trial.

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