beta
(영문) 서울동부지방법원 2019.10.30 2019고단2847

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 became final and conclusive.

Reasons

Punishment of the crime

On August 11, 2019, at around 10:06, the Defendant driven a car with B windowatom in the state of alcohol with approximately KRW 1 k-m section under the influence of alcohol concentration 0.246% from the French land located in Songpa-gu Seoul Metropolitan Government to the Roman tunnel located in 101 oma-ro 101.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing the crackdown on drinking driving, the inspection results, the report on the statement of the state of drinking drivers, and the entrustment of appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The driving under the influence of alcohol is likely to cause traffic accidents and thus likely to cause unexpected behaviors to the life and home of another person as well as to cause them; circumstances favorable to the defendant who had been punished once by a fine for driving under the influence of alcohol around 2003: The defendant has no record of being sentenced to a suspended sentence or more; and the sentencing conditions in the trial process of this case shall be determined by taking full account of the above circumstances and the sentencing conditions in the trial process of this case.