beta
(영문) 서울남부지방법원 2017.11.16 2017고단4913

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for 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

1. On July 8, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court (Seoul District Court) and KRW 2 million for the same crime at the same court on July 25, 2016.

On September 24, 2017, at around 23:11, the Defendant driven a B-hand car with the alcohol concentration of about 50 meters in approximately 0.05% while under the influence of alcohol at around 50 meters from the 83rd-ro, Gangseo-gu, Seoul Metropolitan City, Gamdo to the same Doksan-ro 144.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (Non-licensed driving) driving of the vehicle B in the above time and place without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is relatively short, and there are more favorable circumstances such as: (a) the Defendant’s disadvantage; (b) the Defendant did not have any criminal record other than a fine due to drinking; and (c) the social ties relationship appears to be certain.

Article 51 of the Criminal Act, such as the defendant's age, occupation, and family environment, is amended.