beta
(영문) 서울중앙지방법원 2019.02.20 2018고단8114

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

Reasons

Punishment of the crime

[criminal power] On April 11, 2008, the Defendant received a summary order of KRW 3 million from the Suwon District Court to a fine of KRW 1,00,000,000 as a crime of violation of the Road Traffic Act, and KRW 5,00,000 as a fine at the Seoul Central District Court on September 1, 201, respectively.

【Criminal Facts】

Although the Defendant had been driving under the influence of alcohol on more than two occasions, on December 2, 2018, the Defendant was under the influence of alcohol level of 0.19% on blood alcohol level around 03:07 on December 2, 2018, and operated C SP vehicle without obtaining a driving license from the Dongjak-gu Seoul Metropolitan Government B market to the front road at approximately 300 meters from the high-priced vehicle in the same Gu B market.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the control results of drinking driving, and application of the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and criminal records);