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(영문) 서울북부지방법원 2019.03.14 2018고단5502
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 9, 2015, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Seoul Northern District Court, and a summary order of KRW 2.5 million for the same crime from the Seoul Northern District Court on December 17, 2015.

On August 29, 2018, at around 23:35, the Defendant driven a Fpoter 2 truck under the influence of alcohol concentration of about 0.220% in the section of approximately 2km from the front of the “C” restaurant located in Seongbuk-gu Seoul Metropolitan Government, to the front of the E-mail located in the same Gu.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry results, such as criminal records, and investigation reports (attached to the same criminal records and summary orders) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although the Defendant had been sentenced to a fine twice due to drinking driving, the Defendant once again driven the instant drinking, and the drinking volume is very high, so the Defendant needs to be punished corresponding thereto.

However, there is no heavy criminal punishment that the defendant has divided his or her wrong and reflects his or her wrongness, and is more severe than a fine.

The Defendant was divorced due to the instant case, etc., and the Defendant was unemployed, but again found a new workplace, and the will to rear children and to restore children.

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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