beta
(영문) 서울남부지방법원 2020.06.02 2019고단6181

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On June 21, 2007, the Defendant was issued a summary order of a fine of one million won as a crime of violating the Road Traffic Act in the Busan District Court's Vice-Support.

【Criminal Facts】

On November 23, 2019, at around 23:42, the Defendant driven a DNA string car with approximately 3 km section from the Yeongdeungpo-gu Seoul Metropolitan Building Parking Area to the front of the Dogdo Hospital located in the same Gu, under the influence of alcohol concentration of about 0.182%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition of a traffic accident, photographs related to a traffic accident, report on the occurrence of a traffic accident, report on the circumstantial statements of a drinking driver, and report on the results of the drinking control

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the summary order;

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

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

1. Suspension of execution of sentence under Article 62(1) of the Criminal Act: Details and punishment of drunk driving in the past, interval from the former, drinking volume in the instant case, circumstances after the commission of the crime, etc.