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(영문) 서울서부지방법원 2017.08.10 2017고단906

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 May 1, 2015, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on May 1, 2015, and on February 3, 2017, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court high level support on February 3, 2017.

On March 10, 2017, the Defendant driven a DNA motor vehicle without a driver's license, while under the influence of alcohol content of about 0.106% in blood at a section of about 20 km away from the Dong-gu, Seoul Metropolitan Government to the vicinity of the Masan-dong, Masan-dong, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Investigation report (the application of the above dmark with alcohol concentration in the blood);

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend a lecture is that the Defendant was punished for drinking twice as stated in the judgment, and the driving of a motor vehicle without any particular warning even though the driver’s license was suspended on February 8, 2017 due to drinking, and that the Defendant was driving a motor vehicle while driving a motor vehicle after driving a motor vehicle due to influence of drinking, and that the risk of driving a drinking has been realized is disadvantageous.

However, the defendant's violation of the crime of this case does not repeat the crime of this case, there is no record of punishment except for the criminal records written in the judgment, the defendant's agreement was reached smoothly with the victim of the traffic accident, and the defendant's other matters.