beta
(영문) 서울중앙지방법원 2018.04.05 2017고단8972

도로교통법위반(음주운전)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2014, the Defendant has been sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Seoul Western District Court on January 6, 2014, and a fine of three million won for a crime of violating the Road Traffic Act in the same court on March 10, 2017, respectively.

Although there have been two or more kinds of power punished for drinking driving as above, the Defendant driven a B-hurged car at around 00:40 on October 12, 2017, while under the influence of alcohol with approximately 0.121% of alcohol concentration during blood without obtaining a driver’s license from around 3km to the road in front of the Gangnam-gu Seoul Gangnam-gu Seoul, Gangnam-gu, Seoul, Seoul, at around 530, a vehicle with a 530-ro, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;