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(영문) 서울남부지방법원 2018.06.05 2017고단5836
도로교통법위반(음주운전)
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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

At around 00:20 on September 21, 2017, the Defendant driven an Ichip car under the influence of alcohol concentration of 0.154% in the 20-meter section in front of Geumcheon-gu Seoul, Geumcheon-gu.

Summary of Evidence

1. Each legal statement of the witness J and K;

1. A reply by the Commissioner General of the Seoul Regional Police Agency to inquire into each fact;

1. Written statements prepared by the J;

1. An explanatory note prepared by K;

1. Notification of the result of the influence on alcohol driving [In light of the above evidence, the witness J is recognized to recognize the credibility of the witness J's statement not only conforms to the statements made by the Defendant and the witness L's convenience store at the time of the witness L, but also does not seem to be consistent with the statements made by the Seoul Regional Police Agency on the fact-finding reply, but also to be consistent, consistent, specific, and inconsistent with the statements made by the witness to the Seoul Regional Police Agency, and it does not seem to have any other circumstances to require false statements in light of the attitude of the statement in this court).

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (1) (Options of imprisonment);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include three times the defendant has been punished for driving under drinking, taking account of the defendant's age, sex behavior, environment, and circumstances after the crime, etc., the sentence as ordered shall be determined.

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