beta
(영문) 서울북부지방법원 2020.06.18 2019고단5612

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant received a fine of KRW 1,500,00 from the Seoul Northern District Court as a crime of violation of the Road Traffic Act.

On November 26, 2019, at around 01:07, the Defendant driven a C-car at the section of approximately 48.4 km from the front of the domicile near the Central Station in Ansan-si to the front of Seongbuk-gu, Seoul to the front of the road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, his oral statement and his circumstantial statement reported as a result of the drinking driving control;

1. Application of Acts and subordinate statutes to the report on the result of the disposition and confirmation;

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

1. A criminal defendant shall not be sentenced to a sentence for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, in addition to the criminal records shown in his/her judgment, for whom he/she has committed a crime of drinking or refusing to measure alcohol, and since the crime in his/her judgment is a high blood alcohol concentration driving a considerable long distance, it shall not be