beta
(영문) 서울남부지방법원 2019.09.26 2019고단2666

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 28, 2019, the Defendant was under the influence of alcohol with 0.132% of blood alcohol concentration 0.132% on March 28, 2019, and was driving a DNA motor vehicle from the front day of the C cafeteria in Yangcheon-gu Seoul Metropolitan Government to the roads adjacent to the 1 East-gu Seoul Southern Circulation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the practical condition survey report, the circumstantial statement of a drinking driver, and the results of the crackdown on drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Selection of imprisonment with prison labor chosen;

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

1. Probation and community service order under Article 62-2 of the Criminal Act shall determine the same sentence as the order, taking into consideration all the various kinds of sentencing conditions shown in the pleadings of this case, such as the reason for sentencing, the influence and measurement of alcohol, the criminal records of drunk driving (the latest two years or less), the risk of recidivism, and reflectivity;

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