beta
(영문) 서울남부지방법원 2019.05.07 2019고단665

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 August 20, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on August 20, 2007, and on March 21, 201, the Seoul Southern District Court issued a summary order of KRW 3 million for the same crime, etc.

The Defendant, as above, violated the duty of prohibition of driving under the influence of alcohol twice, and again, driven C Ⅱ truck from the front of the Geumcheon-gu Seoul Metropolitan City Shisil cafeteria to the front road of Geumcheon-gu, Geumcheon-gu, Seoul, under the influence of alcohol on January 26, 2019, at around 0.139 percent of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting 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 under Article 62-2 of the Criminal Act: The same type of punishment as the order shall be determined in consideration of all the kinds of sentencing conditions shown in the pleadings of the instant case, including the reason for the sentencing, the measuring of drinking alcohol, the background of drunk driving, the previous conviction of a fine for drunk driving and twice

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