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(영문) 서울북부지방법원 2018.09.20 2018고단3179

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2018, around 08:50, the Defendant driven a Chive-lurged vehicle with approximately 1km from around 13, Gangnam-gu, Seoul, Gangnam-gu, 89-1, to around 59-1, which is located in the same water route as that of the Gu, from around 89-13, to the fact-finding parking lot in front of the fact-finding.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order is that the defendant had already been punished several times in relation to drinking driving of this case, and again, the defendant's strict punishment is necessary in light of the fact that the defendant had already been punished several times in relation to drinking driving of this case. The amount of alcohol concentration in blood during driving of this case exceeds the revocation level of driver's license, and the defendant also caused a contact with the parked vehicle during driving of this case. The defendant is to choose

On the other hand, the defendant's recent drinking driving of drinking prior to about three years prior to the previous drinking, but the previous 15 years prior to the previous driving of drinking so that the defendant does not seem to continue driving of drinking, the defendant repents and reflects his/her mistake, and his/her father and son who must support the defendant, etc., shall be sentenced to a suspended sentence at once. However, the period of suspended sentence was set so that the defendant can maintain his/her awareness of light, and the period of suspended sentence was set longer than that of ordinary cases.

In addition, in order to provide opportunities to prevent recidivism and to protect recidivism, protection and community service order have also been observed during the period of suspension of execution.

In addition, the defendant's age, sex, the details and motive leading to the crime of this case, and the circumstances before and after the crime.