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(영문) 서울북부지방법원 2019.08.13 2019고단1701
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

At around 18:50 on February 24, 2019, the Defendant driven F K 7 cars in the state of alcohol alcohol concentration of about 800 meters from the front of the Ccafeteria located in Dobong-gu Seoul Metropolitan Government to the front of the Eriju station located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of a host driver and reports on detection of a host driver;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished several times due to drunk driving, but again causes physical damage by causing a traffic accident while driving the instant drinking, and the drinking volume is very high. Therefore, the corresponding punishment is required.

However, the defendant's mistake is divided and reflects his wrong and does not repeat the same mistake, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

Personal injury was not caused due to a traffic accident caused by a drunk driving.

The accused supports unmarried mothers who are not good in health, and lives while making a regular donation to relief organizations.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.

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