(영문) 서울중앙지방법원 2018.09.11 2018고단3577



A defendant shall be punished by imprisonment for six 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.


Punishment of the crime

On October 29, 2012, the Defendant was issued a summary order of KRW 3,00,000 for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court, and on October 18, 2013, the Defendant was issued a summary order of KRW 4,50,000 for the same crime in the same court.

On May 19, 2018, while under the influence of alcohol level of 0.144% during blood transfusion around 22:25, the Defendant driven B rocketing car at the distance of approximately 4km from around the wing Station located in the south-gu Seoul Southern-ro circulation of Gangnam-gu to the shooting distance in front of the Sungdong Hospital that is distributed in Seocho-gu, Seoul.

As a result, the defendant was punished twice due to drinking, but he again driven a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions indicated in the judgment: The details of inquiries about management of initial reports, references to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (A) and investigation reports;

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

2. 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).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

4. An order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act, despite the fact that the defendant had been subject to two times punishment due to drinking driving, and the fact that the amount of alcohol content among the blood of this case is not significant, etc., unfavorable circumstances, such as the confession of the crime of this case by the defendant, the fact that the defendant has no record of being sentenced to suspended sentence or more, the defendant has no record of being sentenced to suspended sentence, and all other factors of sentencing as shown in the trial of this case, including the defendant's age, sex behavior, occupation, family relationship, circumstances after the crime, etc., shall be determined as ordered