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(영문) 서울남부지방법원 2015.07.14 2015고단1891

도로교통법위반(음주운전)

Text

Defendant

A person who is punished by imprisonment for 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 May 6, 2015, at around 23:10, the Defendant driven a B-learning car under the influence of alcohol of about 0.191% of alcohol concentration from the front of the Geum Park Park in Geumcheon-gu, Geumcheon-gu, Seoul to the road 14-20 front of the same Geum-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, a detailed statement of control, a circumstantial statement of a drinking driver, and a report on the results of the drinking control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course of education is heavy in that the defendant has already been punished for the same kind of crime, even though he had already been punished several times, the crime of this case is committed.

However, the punishment as ordered shall be determined in consideration of the fact that errors are divided, the health status of the accused, the age, character and conduct, environment, etc. of the accused and the conditions of the sentencing prescribed in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.