beta
(영문) 서울중앙지방법원 2020.05.27 2020고단1717

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On April 4, 201, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court as of April 4, 201.

【Criminal Facts】

On February 22, 2020, at around 22:25, the Defendant driven Ckiex van while under the influence of alcohol level of about 0.198% at a section of about 500 meters from the Do governor of Seocho-gu Seoul Metropolitan Government, to the front road of the same Gu B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Collision photographs of the relevant vehicles;

1. Each investigation report (report on the circumstances of a drinking driver, request for search and seizure of suspect blood, results of suspect blood appraisal and applied drinking);

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation status (suspects' previous convictions and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of applicable sentences] 2 to 5 years (whether sentencing guidelines are applied or not] of imprisonment, 2 to 5 years (the crime of this case is not set, and the sentencing guidelines are not applied.

[Decision of Sentence] In light of the fact that the Defendant committed the instant drunk driving even though he had a history of criminal punishment for a traffic crime, such as drunk driving or unlicensed driving, and that the blood alcohol concentration is very high, and that the occurrence of a traffic accident against the patrol vehicle has already occurred during two years of suspended sentence, the Defendant’s liability for the crime is not easy.

However, this case is where the defendant shouldered and reflects his mistake as his own name.