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(영문) 서울서부지방법원 2015.08.18 2015고단1361

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On March 12, 2003, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Gwangju District Court on May 22, 2009, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Gwangju District Court on May 22, 2009, and on March 4, 2010, the Defendant was sentenced to the imprisonment of KRW 8 months for a violation of the Road Traffic Act at the Gwangju District Court’s support at the Gwangju District Court on March 4, 2010.

【Criminal Facts】

1. On March 29, 2015, the Defendant, while under the influence of alcohol on 0.323% of blood alcohol concentration on March 29, 2015, driven Crocketing car at approximately 40km away from the 7-lane of Eunpyeong-gu Seoul Metropolitan Government to the side side of the 313km km down on the west coast Highway at the 313km parallel.

2. On March 30, 2015, the Defendant, while under the influence of alcohol at around 08:48, the blood alcohol concentration of 0.210%, driven the said rocketing car from the Eunpyeong-ro 7-ro Seoul, Mapo-gu, Seoul to approximately 235 U.S. roads.

3. Around 13:05 on March 30, 2015, the Defendant driven the said rocketing car at a section of about 20 km from the Mansan-dong, Gangnam-gu, Seoul to around 579, Gangnam-gu, Seoul, while under the influence of alcohol by at least 0.265% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Investigation report on actual condition, each report on measurement of drinking alcohol, report on detection of drinking drivers, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (reports on confirmation of previous convictions), each summary order, and application of statutes governing judgment;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant again committed each of the instant crimes even though he/she had a record of punishment several times for the same kind of crime, and the drinking volume is very high.