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(영문) 서울동부지방법원 2018.02.08 2017고단4281

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 November 19, 2017, at around 01:25, the Defendant driven a D cafeteria parking lot located in Gangdong-gu Seoul Metropolitan Government, with alcohol concentration of 0.215% in blood, using a method of walking at the E-Woo-man car and repeating the advanced dust from approximately 10 meters in the section of 10 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing in favor of the defendant);

1. In light of the fact that there is a record of punishment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, and the fact that the drinking value of this case is high (0.215%), the Defendant’s liability is heavy.

However, the defendant is sentenced to a suspended sentence in consideration of the circumstances, such as the fact that he/she has no record of punishment in addition to a fine once, the distance of operation is short, and the fact that he/she reflects the mistake in depth.