beta
(영문) 서울동부지방법원 2014.12.04 2014고단3079

도로교통법위반(음주운전)등

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 December 2, 2013, the Defendant issued a summary order of KRW 1.5 million at the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and on May 23, 2014, a fine of KRW 2.5 million is imposed for the same crime at the Seoul Western District Court.

On October 3, 2014, the Defendant, while under the influence of alcohol by 0.105% without a car driver’s license on October 3, 2014, driven approximately 100 meters from the roads of Jyang-ro 3 new interest enterprises in Gwangjin-gu Seoul Special Metropolitan City to the roads front of the 2nd parking lot of the Han River of the Seoul Gwangjin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, the control manual, and the register of the driver's license on the side of driving;

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

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

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. The sentencing of Article 62-2(1) of the Social Service Criminal Act is based on the overall circumstances such as the measurement of drinking alcohol in this case, the circumstances of drinking driving, the record of drinking driving, the criminal record of drinking, and the reflection of the defendant. It is so decided as per Disposition for the above reasons.