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(영문) 서울중앙지방법원 2014.11.19 2014고단7435
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

[criminal power] On May 28, 2009, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Seoul Central District Court, and on April 29, 2010, issued a summary order of three million won for the same crime by the same court.

【Criminal Facts】

On August 7, 2014, the Defendant, while under the influence of alcohol of 0.141% of blood alcohol concentration on August 7, 2014, driven BM7 car at the section of approximately 600 meters from the front of the restaurant in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul to the front of the Exclusion Hospital located in 812-24, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Suppression photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (referending to sound records, confirmation, judgment, and summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the circumstances, such as the fact that the person reflects his/her mistake and that there is no record of punishment exceeding the fine);

1. Article 62-2 of the Criminal Act for community service and order to attend lectures;

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