beta
(영문) 서울동부지방법원 2018.02.08 2017고단3598

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 17, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on April 17, 200, and a fine of two million won or more for the same crime at the same court on June 5, 2015.

On September 2, 2017, around 22:59, the Defendant driven Cpool car in the state of alcohol with approximately 0.180% alcohol concentration among blood in about 300 meters from the road of 151-ro, Songpa-gu, Songpa-gu, Seoul to the road of about 137-ro, 137.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant had a record of being punished for the crime of drinking alcohol driving over several times, the defendant's age, occupation, sex, family relationship, and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before