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(영문) 서울북부지방법원 2018.08.23 2018고단2383

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 3, 2018, around 10:55, the Defendant driven a Korean-style cruise car with approximately 40 meters alcohol concentration of about 0.228% while under the influence of alcohol content in blood, from the 101 upper village apartment to the front of the commercial building in the same way 21 of the road from the 101 upper village apartment to the 101 upper village apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 was that Defendant was sentenced to a fine not only once due to drinking driving in the year 2017, causing traffic accidents, and escape once again.

Nevertheless, since one year has not passed since the driving of this case without a license, it is inevitable to choose the imprisonment with labor for the defendant.

At the time of crackdown, there was an idea that the defendant's blood alcohol concentration level was very high so that it is not necessary to sentence the defendant. However, it is somewhat excessive to sentence the defendant on the grounds that the defendant's previous drinking crime was favorable to the defendant, such as not accompanied by a separate traffic accident due to the operation of this case, but the distance of the defendant's driving was about 40 meters, and the distance of the defendant's driving was about 17 years, the criminal records of the defendant's previous drinking crime was committed before about 17 years, and the defendant has no record of punishment heavier than the suspension of execution.

It is believed that suspended sentence will be sentenced after mitigation of the amount.