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(영문) 서울동부지방법원 2018.05.31 2018고단691

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 February 13, 2018, the Defendant driven a vehicle (TYOTA, GEO-B15) in order to transport unclaimed cargo (TYOTA, GEO-B15) while under the influence of alcohol at approximately 0.164% from 30 meters from 1st to 1st A14th underground level underground, both the 932 B and 3rd underground, as the Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the circumstances of the driver at home and the situation of the driver at home;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was subject to a criminal disposition due to the crime of drinking alcohol driving in 2017, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.