beta
(영문) 서울남부지방법원 2018.03.15 2018고단273

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 10, 2014, the Defendant received a summary order of a fine of 1.5 million won for a violation of road traffic laws (drinking driving) from the Incheon District Court, and on July 26, 2016, the Seoul Southern District Court issued a summary order of 4 million won for a violation of road traffic laws (drinking driving) and violated the Road Traffic Act more than twice by drinking.

Nevertheless, on January 11, 2018, at around 23:23, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.128% from the 10-distance section of the blood alcohol content to the front line of the 1459-7 Gayang-dong Seoul Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul to the 1459-7 Gapo-dong Kimpo-dong Kimpo-dong, in the direction of the GM5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. An order to attend a course under Article 62-2 of the Criminal Act;