beta
(영문) 서울중앙지방법원 2020.11.13 2020고단5540

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 October 19, 2006, the Defendant, at the Incheon District Court, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving). However, around 03:45 on June 14, 2020, the Defendant driven Cenz vehicles under the influence of alcohol with a blood alcohol concentration of approximately 0.158% at the 3.5 kilometer from the roads near the “locked Hanwon Park” located in Gangnam-gu, Seoul High Court 386, 200 to the front roads of Seoul Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, notification of the results of drinking driving control, field photograph, etc.;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant re-driving a motor vehicle without being aware of the fact that he/she had been punished for drunk driving, and that he/she was engaged in driving a motor vehicle again, taking into account all other circumstances, such as blood alcohol concentration and driving distance.