beta
(영문) 서울동부지방법원 2018.08.22 2018고단1985

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on February 2, 2018, and a person who has been sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul East District Court on April 6, 2018.

On April 10, 2018, the Defendant driven a BN motor vehicle under the influence of alcohol content of about 0.102% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from about 300 meters in a section of about 300 meters from the front day of active duty service to the front day of the Singu-si-ro 312, a light village of the Hengu-si-ro 128, the upper city of the Kngu-si-ro.

As a result, the Defendant was punished for a violation of the Road Traffic Act at least twice, and driving a vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are that the Defendant had been punished by a fine due to drinking alcohol driving by repeating the short term as stated in the facts constituting the offense in the judgment, and the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sexual behavior, and circumstances after the crime, shall be determined as ordered by taking into account the following