beta
(영문) 서울남부지방법원 2015.03.27 2015고단230

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 18, 2009. On August 25, 2011, the Defendant was sentenced to imprisonment for six months and two years of suspended execution.

【Criminal Facts】

On January 17, 2015, at around 3:47, the Defendant driven a fish code vehicle under the influence of alcohol by 0.165% at the section of approximately 3km from the front of the Women's Women's Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government to the 51 Kimpo-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yangpo-ro, 30-ro 51 Kimpo-ro.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. On-site photographs, breatheth photograph and photographic photograph;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has a record of being punished not less than eight times due to drunk driving, and has been sentenced not less than twice to suspended sentence for traffic-related crimes, and the probation has been recently put on probation.

Nevertheless, considering the fact that the crime of this case was committed without any reflective nature, and that the drinking alcohol level is not somewhat weak, a sentence of punishment is inevitable.

However, the mitigated punishment was determined in consideration of the fact that the defendant led to the confession and reflect of the crime.