beta
(영문) 서울동부지방법원 2020.05.11 2020고단400

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On March 26, 2014, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court as a crime of violation of the Road Traffic Act, and KRW 4 million as a fine at the Seoul Eastern District Court on February 2, 2017.

On January 22, 2020, the Defendant was under the influence of alcohol with 0.113% of blood alcohol concentration around 01:24, the Defendant driven Bho-do car at approximately 1 km from the front side of the drinking flusium in Songpa-gu Seoul, Songpa-gu, Seoul to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records: Criminal history records, inquiry reports, and application of each summary order-related statute;

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

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

1. Article 62 (1) of the Criminal Act;

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