(영문) 서울서부지방법원 2017.11.30 2017고단2469

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(영문) 서울서부지방법원 2017.11.30 2017고단2469

도로교통법위반(음주운전)등

Text

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

On August 7, 2017, at around 02:16, the Defendant driven a rash car while under the influence of alcohol content of 0.093% while the Defendant’s driver’s license was suspended for approximately 1.7km from the front day of the Guro-gu Seoul Metropolitan Government Guro-dong to the front day of the Eunpyeong-gu, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. On July 19, 2017, the Defendant issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking) on July 19, 2017. The Defendant’s act of driving alcohol again without a lapse of one month from the date of issuance of the summary order is disadvantageous.

However, in light of the fact that the defendant is against the crime of this case, the degree of the defendant's main driving, the fact that the defendant was punished for a fine once due to drinking, the fact that there is no other criminal record, and the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive for the crime

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