beta
(영문) 서울서부지방법원 2019.07.11 2019고단1236

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

[criminal power] On April 3, 2015, the Defendant received a summary order of KRW 4 million from the Seoul Eastern District Court to a fine of KRW 5 million, and on June 29, 2017, the Seoul Western District Court issued a summary order of KRW 3 million to a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On March 30, 2019, at around 05:11, the Defendant driven a DNA car with a blood alcohol concentration of 0.067% from around 50 meters from the C parking lot located in Eunpyeong-gu Seoul Metropolitan Government to the front side road of the said Jeju city.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (in addition to a fine to the defendant, taking into account the fact that the defendant did not cause a traffic accident

1. Order to attend lectures under Article 62-2 of the Criminal Act;