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(영문) 서울동부지방법원 2019.07.04 2019고단1311

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

around 14:07 on March 28, 2019, the Defendant driven B B benz car with a blood alcohol concentration of about 2 km from the 2km section from the road located in Songpa-gu Seoul Metropolitan Government Gaakdong to the four-lane road located in the 41-lane Dong Dong-dong of the same Gu to the 4-lane road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving, the report on the situation of drinking driving, and the statement on the state of drinking drivers;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that each of the charges of violating the Road Traffic Act and the charges of violating the Road Traffic Act have been punished prior to the instant case: One’s mistake is divided and reflected, the degree of blood alcohol concentration is not relatively high, and the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and behavior, motive, means and consequence of the crime, and circumstances after the crime, shall be considered.