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서울북부지방법원 2019.03.21 2019고단221

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 8, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on January 29, 2008, and the above summary order became final and conclusive on January 29, 2008. On June 14, 2010, the Defendant was issued a summary order of KRW 5 million by the same court on June 14, 201 and issued a summary order of KRW 5 million for a violation of the Road Traffic

7. A person who has violated Article 44(1) of the Road Traffic Act not less than twice, such as a final and conclusive summary order.

On January 6, 2019, at around 11:30, the Defendant driven a C-Ad motor vehicle under the influence of alcohol content of 0.135%, while under the influence of alcohol content of 0.135%, at approximately 50km from the front of the Gangseo-gu Seoul Metropolitan Government (Seoul), to the New Docheon-gu, Gyeongcheon-gun, Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do, Dacheon-do, 45-13.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed by the defendant, even though the defendant had been punished twice due to drunk driving, and the nature of the crime is not good, and the defendant's blood alcohol concentration is considerably high, but the defendant's disposal of the vehicle in this case reflects depth, such as the defendant's non-driving again while disposing of the vehicle, and there are circumstances to consider the motive and circumstances of the crime of this case. There are no other criminal records except the defendant's judgment, the defendant's age, character and behavior, intelligence and environment, family relationship, and circumstances at the time of the crime of this case shall be determined as ordered in consideration of various sentencing factors shown in the trial of this case.