beta
(영문) 서울서부지방법원 2020.09.10 2020고단1898

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and 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

[criminal power] On February 21, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on February 21, 2014

【Criminal Facts】

On May 21, 2020, the Defendant, while under the influence of alcohol of 01:05, driven a B SP car at approximately 20 km section from the roads located in the Gyeonggi-gu dialogue Dong in Gyeonggi-gu in the Gyeonggi-gu in Seoul Metropolitan City to the roads adjacent to the Han River, the Han River, the Han River, the Han River, and the Han River, the Han River, the Han River, the Han River, and the Han River, the Han River, the Han River, the Han River, and the Han River.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, the statement on the circumstances of the driver, the investigation report (the confirmation of the distance of driving), the investigation report, the investigation report (the confirmation of the distance of driving), the criminal history records, the internal investigation report (the confirmation of the suspect's records of drinking driving), the summary order, and the application of Acts and subordinate statutes to the judgment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been subject to punishment once due to drinking driving, the instant drinking driving was conducted at the same time. As a result of the instant drinking driving, the Defendant’s vehicle conflict with the shock vehicle and the accident that led to the collision of the shock vehicle.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not mislead the above mistake, the punishment as ordered shall be determined by taking into account the following circumstances: the drinking water of this case and the driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and other circumstances, which are conditions for sentencing as shown in the records and arguments.