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(영문) 서울동부지방법원 2017.04.13 2017고단430
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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 June 3, 2010, the Defendant issued a summary order of a fine of KRW 1.5 million to a crime of violating the Road Traffic Act (drinking driving), and on March 29, 201, the Defendant issued a summary order of KRW 2 million to a person who has a driving force of two or more times, such as receiving a fine of KRW 2 million for the same crime from the capital support of the Suwon Friju District Court on March 29, 201.

Nevertheless, on January 30, 2017, the Defendant driven BCA 1105 Oraba while under the influence of alcohol content 0.224% from the 1.5km section of Gangdong-gu Seoul to the 91-20-ro, Gangdong-gu, U.S. S. S. S. S. S. S. S. S. S. S. S. S. 14:19 on January 30, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. An explanatory note;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In light of the fact that the defendant's reasons for sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, community service order and order to attend a lecture, despite the fact that the defendant had been punished by drinking, etc. multiple times of drinking, and the fact that drinking is very high, the criminal liability of the defendant is hot.

However, in consideration of the fact that the defendant's mistake is against the depth, a judgment of suspension of execution shall be sentenced in consideration of the fact that the defendant seems to have an respect for alcohol, etc., to add protection observation, community service and order to attend lectures to prevent recidivism.

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