beta
(영문) 서울남부지방법원 2019.07.04 2019고단1891

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 September 13, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on September 24, 2015, the Seoul Western District Court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act.

As above, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol twice again, was driving CK7 motor vehicles in the section of about 8 km from the roads front of the mutual incompetence in Yongsan-gu Seoul Metropolitan City, under the influence of alcohol of 0.107% at around 00:45 on March 17, 2019 to the roads front of Yangcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and a manual of control;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order Article 62-2 of the Criminal Act: (a) the reasons for the sentencing of Article 62-2 of the same Act; (b) the method of weighing drinking alcohol; (c) the degree of fine for drunk driving; (d) two times (0.071% (2007); 0.194% (2015); and (c) the risk of recidivism; and (d) the same type of punishment as the order shall be determined by taking into account all the

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