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(영문) 서울서부지방법원 2018.06.12 2018고단953
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 March 16, 2018, around 22:21, the Defendant driven C mixed with C, 124cc, while under the influence of alcohol concentration of about 500 meters from the 500-meter radius to the front of the present church, the Defendant driven C, 155cc, while under the influence of alcohol concentration of about 0.217% from the 50-meter radius to the road in front of the present church.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has been punished for driving alcohol, and the drinking volume is high.

o A favorable condition: A two-wheeled vehicle that has relatively less risk than a passenger car is driving a two-wheeled vehicle, and the record of punishment for drinking has relatively old.

o In the above circumstances, the defendant's age, sex, environment, etc. shall be determined as ordered in consideration of all the circumstances.

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