beta
(영문) 서울남부지방법원 2020.11.05 2020고단2656

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

[criminal power] On June 30, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on January 9, 2012, the Seoul Southern District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

【Criminal Facts】

On April 19, 2020, at around 22:42, the Defendant driven an EM6 vehicle while under the influence of alcohol content of about 0.204% from the section of approximately 1.5km from the front of Gangseo-gu Seoul Metropolitan Government to the front of the parking lot D-dong of the 1st underground parking lot of the same Gu C.

As a result, the defendant has repeatedly driven a drunk even though he had the influence of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions in judgment: Investigation reports (reports on the confirmation of criminal records of the same kind of suspect), criminal records, and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.