beta
(영문) 서울서부지방법원 2019.06.13 2019고단1117

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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 29, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Southern District Court as a crime of violation of the Road Traffic Act (driving). On September 24, 2013, the Defendant received a summary order of KRW 2 million from the Suwon District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 31, 2019, at around 05:15, the Defendant driven an EW car under the influence of alcohol concentration of 0.121% from the Cju parking lot in Eunpyeong-gu to the D Building parking lot in Eunpyeong-gu, Seoul, to approximately 2.5km.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, such as the fact that the defendant has not been

1. Order to attend lectures under Article 62-2 of the Criminal Act;