beta
(영문) 서울서부지방법원 2020.01.09 2019고단3689

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On August 30, 2016, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】 On September 10, 2019, around 22:36, the Defendant driven a E- low-income motor vehicle while under the influence of alcohol by 0.108% in the section of approximately 13km from the front of the restaurant in Dongdaemun-gu Seoul, Seoul to the front road of Seodaemun-gu Seoul, Seoul, at around 23:01 on the same day.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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. Article 62 (1) of the Criminal Act (including the fact that there is no previous record of a fine for the latest ten years, except for a fine, once in the last ten years, and the fact that it is hard to prevent a person from repeating a crime while committing a reflector, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;