beta
(영문) 서울남부지방법원 2018.05.03 2018고단1240

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 11, 2007, the Defendant was issued a summary order of KRW 2 million with fines of KRW 2 million due to a violation of the Road Traffic Act (dacting driving), and a violation of the Road Traffic Act (dacting driving) at the Incheon District Court on November 13, 2009.

[2] On March 8, 2018, around 00:45, the Defendant driven a Bran vehicle with approximately 10 meters alcohol concentration of about 0.136% while under the influence of alcohol on the front road of the village of Gangseo-gu Seoul Metropolitan Government, etc. to the 17th road of Gangseo-gu, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the Defendant’s age, occupation, and family environment and other favorable conditions of sentencing prescribed in Article 51 of the Criminal Act, the execution of a sentence shall be imposed to imprisonment with prison labor, but the execution of a sentence shall be postponed on the condition of taking social service and compliance driving lectures on the condition that the Defendant’s age, occupation, family environment, etc. shall be imposed on the basis of imprisonment with prison labor, in light of the following favorable circumstances such as the three times punishment imposed on the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the higher drinking volume, the fact that there

It is so decided as per Disposition for the above reasons.