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(영문) 서울동부지방법원 2017.11.02 2017고단2845
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

[criminal history] On March 4, 2003, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (refluence of drinking), etc. on January 28, 2005, the Defendant was issued a summary order of KRW 2.5 million on January 19, 2016 by the Suwon Flag Flag Flag, etc., and the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act (refluence of drinking) at the same court on January 19, 2016.

[2] On August 23, 2017, around 07:58, the Defendant driven a rash car under the influence of alcohol by 0.125% from the 5km section of alcohol in blood from the 5km to the 6th road in Songpa-gu Seoul, Songpa-gu, Seoul to the 6th day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (including a copy of judgment attached thereto);

1. Article 148-2 (2) 2 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. The grounds for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are the same in light of the fact that the Defendant committed the instant crime even though he/she had the history of punishment due to drinking driving, etc.

However, the decision of suspension of execution shall be sentenced in consideration of the fact that the error is against depth, the drinking volume of this case, and other various sentencing conditions, but the order of community service, etc. shall be added to prevent recidivism as ordered in order to prevent recidivism.

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