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(영문) 서울북부지방법원 2020.12.17 2020고단2697

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 21, 2020, around 23:47, the Defendant driven D W125 Bab while under the influence of alcohol leveling 0.258% from the section of approximately 200 meters from the front road of Seoul Central-gu to the front road of C.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. does not have any previous conviction for 18 years, and the defendant did not have any record of traffic offense or traffic accident after obtaining a driver's license in 2006. However, there are no circumstances that can be considered in light of the circumstances where the defendant was under the influence of alcohol to the extent that he was under the influence of alcohol and was under the influence of alcohol at the time of committing the crime.

It shall be determined in the same manner as the order in consideration of the fact that the defendant appeals a considerable economic difficulty, such as the process of recovering the credit.