beta
(영문) 서울남부지방법원 2016.05.10 2016고단881

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 20, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Branch Branch on August 20, 2009, and on January 11, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking driving) at the Seoul High Court's Seoul High Court.

Nevertheless, on February 14, 2016, at around 06:17, the Defendant driven C Poter Cargo at a section of about 1 km from the Seoul Yeongdeungpo-gu apartment parking lot to the entrance of an expressway with the same line 191, under the influence of alcohol leveling to 0.09% during blood alcohol level, at around 06:17.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on internal investigation;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

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 under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspended execution for two years, and 40 hours from the lecture of compliance driving [ favorable circumstances], and the detection of a person who was driven in a funeral hall to go to a factory after drinking at a factory after drinking at the funeral hall (any unfavorable circumstances], such as drinking and unlicensed driving, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and has been punished 14 times from January 11, 2013;