beta
(영문) 서울남부지방법원 2013.10.29 2013고단3200

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 14, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court, and on June 17, 2009, to a suspended sentence of two years for six months for a violation of the Road Traffic Act. < Amended by Act No. 9504, Jun. 17, 2009>

On September 23, 2013, at around 23:57, the Defendant driven a B car under the influence of alcohol content of approximately 2 km from the front line of the Mandong 236, Yeongdeungpo-gu, Seoul, to the front road of the corporate bank located in the same 116-1, the Defendant driven the B car under the influence of alcohol content of about 0.219%.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of written judgments), 208 high speed and 208 high ranking and 20805 summary orders, and application of Acts and subordinate statutes governing judgment of 209 high ranking and 1227;

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

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

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

1. Social service order under Article 62-2 of the Criminal Act;