beta
(영문) 서울중앙지방법원 2018.12.12 2018고단6958

도로교통법위반(음주운전)

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 September 27, 2018, the Defendant, while under the influence of alcohol level of 00:42% during blood, driven a Grand Car in Bland from approximately 1.5 km to the front road of the entrance of the Dongjak-gu Seoul Metropolitan Government 2-ro large 201%, from the 2-ro B-ro large cream, to the front road of the entrance of the 8-friendly apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing marks of drinking measurements;

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

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 Order of Education and the Order of Community Service is likely to be criticized in light of the following: (a) despite the fact that the defendant was punished for driving under drinking in the past, he/she reaches driving under drinking in the past; (b) the amount of alcohol concentration in blood is very high; and (c) the defendant's drinking driving caused physical damage that may occur with the vehicle in the atmosphere where the signal was being transmitted

However, the defendant's mistake is divided, and there is no record of criminal punishment exceeding the fine, considering the favorable circumstances, and the defendant's age, sex, family environment, motive and circumstances, etc. shall be determined as ordered by taking into account various factors of sentencing as shown in the records.