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(영문) 서울남부지방법원 2018.11.01 2018고단4935
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2018, around 04:15, the Defendant driven a benz car at approximately 0.167% alcohol level on the front side of the “Jon YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 67-gilhhh, 67-ro 439 in the front side of the elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of a driver who is placed in driving and a notice of the result of drinking control;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant repeats the crime related to drinking, such as drinking, refusing to measure, and unlicensed driving, etc. within a short period of time, and the fact that drinking values are high is disadvantageous to the defendant.

However, in addition to the traffic-related criminal records, there are no criminal records, and there are no criminal records of suspended execution or more.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but the social service and compliance driving lectures are taken.

It is so decided as per Disposition for the above reasons.

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