beta
(영문) 서울남부지방법원 2017.08.10 2017고단2138

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2010, the Defendant issued a summary order of KRW 8,00,000 as a fine of KRW 1,000 for a violation of road traffic law (drinking driving), on October 20, 2010 for the same crime in the same court, and on May 11, 2017, to the Seoul Southern District Court for the same crime, respectively.

On April 20, 2017, while under the influence of alcohol level of 0.106% among the blood transfusion around 04:30 on Apr. 20, 2017, the Defendant driven B K3 car at the section of approximately 1km from the front side of the site building to the front side of the entrance of the college of polyTT at 434 site as Seoul Gangseo-gu, Gangseo-gu, Seoul to the same luxroro, 246.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history data, reporting of the previous convictions of the disposition, and application of Acts and subordinate statutes of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The fact that the reasoning for sentencing under Article 62-2 of the Criminal Act is relatively close to that of an order to provide community service and attend lectures is three times the driving force of drinking within a relatively close period, the fact that the instant crime was committed before the final level of punishment due to driving of drinking, and that the degree of drinking is not negligible, are disadvantageous to the Defendant.

However, there are more favorable circumstances such as the fact that there is no criminal history of probation or heavier punishment, the fact that he/she has been engaged in his/her occupation while running his/her occupation, and support his/her mother's relationship.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the execution of the sentence is suspended on condition that the defendant is punished by imprisonment with prison labor, but subject to community service and compliance driving lectures.

It is so decided as per Disposition for the above reasons.