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(영문) 서울북부지방법원 2014.09.04 2014고단2597

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 17, 2014, around 02:10, the Defendant driven a B car under the influence of alcohol content 0.247% from the 50-meter section from the 115th road of Samsung C&V, the Dongdaemun-gu Seoul, Dongdaemun-gu, to the 115th road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

Since the defendant's reason for sentencing was driving in a high state of the sentencing, it is inevitable to punish him.

However, in comprehensive consideration of all the circumstances revealed in pleadings, such as the defendant's age, character and conduct, family relationship, environment, circumstances after committing a crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has no record of punishment, the defendant's mistake is against himself/herself, and the defendant's age, character and conduct, family relationship, environment