beta
(영문) 서울중앙지방법원 2016.03.09 2016고단143

도로교통법위반(음주운전)

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 May 6, 2015, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon, and a fine of KRW 1.5 million due to a violation of the Road Traffic Act.

The Defendant, as seen above, driven the Cbenz car at approximately 10 meters from the front side of the 77-lane to the front side of the Seoul Seocho-gu, as Seoul, under the influence of alcohol level of 0.221% on December 4, 2015, while under the influence of around 08:20% of alcohol during blood transfusion, the Defendant driven the Cbenz car at approximately 10 meters from the front side of the 77-lane to the front side of the 77-lane, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A statement of the circumstances of the driver involved in driving, a report on detection of the driver involved in driving, and a certificate of measurement of drinking;

1. Photographs of vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of drinking record as the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Although the reason for sentencing two times of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures, the driving of drinking alcohol was caused by traffic accidents, and the fact that the blood alcohol concentration level is very high is disadvantageous to the defendant.

However, in addition to the fact that the defendant is against the defendant, there is no past record of criminal punishment or heavier punishment, traffic accidents as agreed with the victim, the defendant's age, sex behavior, environment, and circumstances after the crime shall be determined as the same as the order in consideration of various sentencing conditions in the records.