beta
(영문) 서울동부지방법원 2020.12.16 2020고단3138

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

On August 4, 2017, the Defendant was issued a summary order of KRW 4 million by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

On June 20, 2020: (a) around 02:27, the Defendant driven C Spoon vehicle with blood alcohol concentration of 0.292% while under the influence of alcohol, such as driving a vehicle parked on the backway of Seongdong-gu Seoul Metropolitan Government in order to park a vehicle parked on the backway.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to report on investigation (suspects' previous convictions and report on confirmation);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Consideration under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the operation of a short distance near parking spaces after the completion of the vicarious driving by an agent, although the person has been sentenced to punishment for driving under the influence of alcohol, considering extenuating circumstances, such as the driving of a short distance near parking spaces after the vicarious driving by the agent has been completed); the commission of a crime is divided; and there is no previous offense subject to punishment exceeding

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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