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(영문) 서울서부지방법원 2017.11.09 2017고단2486
도로교통법위반(음주운전)
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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

[criminal history] On August 27, 2001, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million for a violation of road traffic laws at the Seoul Western District Court on September 12, 2002. On September 12, 2002, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic laws at the Seoul Western District Court, and on August 31, 2007, issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of road traffic laws at the Seoul Western District Court on August 31, 2007.

[2] On August 21, 2017, the Defendant: (a) driven a B-wheeled automobile under the influence of alcohol content of about 0.148% in blood, from approximately 2km section to the front road of the diesel forest kindergarten located in Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyangyang-ro, Goyang-gu, 107.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the defendant committed the instant crime even though he/she was sentenced to criminal punishment on two occasions due to his/her drinking driving and one suspended sentence due to his/her refusal to measure drinking, and that he/she again committed the instant crime, considering the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act is against the law, and that he/she seems to live among people for about 10 years from the date of the final criminal punishment

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