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(영문) 서울서부지방법원 2019.10.24 2019고단3002
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 22, 2019, at around 01:15, the Defendant driven Crain car in the state of alcohol of about 3 km from around Seodaemun-gu Seoul to around the 496-157 Gayang-dong, Mapo-gu, Seoul to the roads near the Gayang-dong, Seoul, with a blood alcohol concentration of 0.112%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes as follows: A report on the statement of the status of a drinking driver, investigation report, and control manual;

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [unjustifiable circumstances] The defendant has already been punished for drinking driving twice in the past, but there is a high possibility of criticism by lowering the crime of this case.

The blood alcohol level at the time of the instant crime is relatively high.

[Ligue circumstances] The defendant is against the defendant's confession of the crime of this case.

No additional damage has occurred.

The criminal records subject to punishment for the immediately preceding drinking driving of this case are five years, and there is no record that the defendant has been punished.

there is a dependent.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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