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(영문) 서울남부지방법원 2018.06.01 2017고정1937
도로교통법위반(음주운전)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The defendant is a person driving a DNA-learning car.

On September 7, 2017, the Defendant driven the said car at a section of approximately 700 meters from the upper 180-dong, Yangcheon-gu, Seoul to the front 212-dong, with alcohol content of 0.058% during blood transfusion around 01:39.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act (the following favorable circumstances) of the suspended sentence is that the defendant has a record of being punished twice due to drinking driving.

However, all of the above punishment records have passed more than 10 years.

The Defendant recognized the instant crime and is against the Defendant.

The defendant is driving in an AP emergency room due to the urgent circumstances, such as the finger who is living together with the new wall by drinking alcohol and diving, and there are circumstances to consider driving circumstances.

The blood alcohol concentration is not high.

In addition, the sentence shall be suspended as ordered in consideration of various sentencing conditions shown in the records of this case and the trial process, such as the defendant's age, sex, career, family relationship, environment, and circumstances after the crime.

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