beta
(영문) 서울남부지방법원 2014.12.04 2014고단4150

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 August 22, 2011, the Defendant issued, respectively, a summary order of KRW 1.5 million at the Seoul Western District Court, which was issued by the same court on July 16, 201, a fine of KRW 3.5 million for the same offense, and a fine of KRW 5 million at the Incheon Western District Court on October 25 of the same year.

Although the Defendant had been subject to punishment twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant was under the influence of alcohol level of 0.060% on October 18, 2014, and was driving B CorodoC car at the section of approximately 500 meters around the Dongyang-ro 939 Sinyang-ro 1, Yangcheon-gu, Seoul, with the influence of alcohol level of 0.060% on October 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (report accompanied by summary orders of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was under drinking alcohol driving 4 times in a short term; and (b) the occurrence of traffic accidents in the course of driving alcohol under the instant case; (c) however, the Defendant recognized and reflects the crime; (d) there is no record of punishment exceeding the fine; and (e) there is no record of punishment exceeding the fine; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the crime shall be