beta
(영문) 서울남부지방법원 2016.05.12 2016고단1281

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2008, the Defendant was sentenced to six months of imprisonment by this court due to a violation of the Road Traffic Act, and on March 9, 2007, the Defendant was sentenced to a summary order of three million won by the same court as a crime of violating the Road Traffic Act.

On March 2, 2016, while under the influence of alcohol content of 0.182% from blood transfusion around 02:46, the Defendant driven a vehicle B in approximately 2km from the roads of the Guro-gu Seoul Metropolitan Government High-dong to the roads of the same Gu to the 18-way in the center of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous and confirmation report of the suspect - Summary Order (Seoul Southern District Court Decision 2007 High Court Decision 2007 High Court Decision 3968 High Court Decision 2008 High Court Decision 1135 High Court Decision 2008 High Court Decision 1087 High Court Decision) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Decision of sentence: Imprisonment with prison labor for one year, two years of suspended execution, community service, 120 hours in community service, 40 hours in 120 hours in 40 hours in order to attend a lecture, clearly detection of social and family ties (unfavorable circumstances) traffic accidents; fine of one million won on March 31, 1994; fine of one million won on December 30, 1994; fine of two years of suspended execution for six months on December 26, 1997; fine of two million won on September 7, 1998; and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; and fine of two million won on September 3, 200 to June 26, 208; and a violation of the Road Traffic Act without a license for a violation of the Road Traffic Act (a violation of the Road Traffic Act).