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(영문) 서울중앙지방법원 2017.11.22 2017고단6917

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 29, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1,00,000 as a crime of violating road traffic laws, and on March 14, 2014, a fine of KRW 5,00,000 from the Seoul Central District Court to a fine of KRW 1,00 due to a crime of violating road traffic laws.

[2] On September 9, 2017, around 09:30, the Defendant driven a Cbenz vehicle under the influence of alcohol content of about 20 meters from around 20 meters to around 11-3, Gangnam-gu, Seoul, for about 8-ro 11:5,00 to the GHz vehicle under the influence of alcohol content of about 0.094%.

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of a driver who is placed in driving, investigation report (report on the circumstances of the driver who is placed in driving in driving in driving), receipts for measuring drinking, notification of the results of the crackdown on driving in driving in driving

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of a summary order related to driving of the same kind of drinking);

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

1. Selection of an alternative imprisonment with prison labor (the defendant shall be punished by imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant again commits the instant crime even though he/she has already been punished twice due to drinking driving and the previous conviction of drinking driving is relatively recent);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (Consideration of circumstances, such as the fact that the defendant recognizes all criminal facts and reflects the criminal facts, the fact that there is no penalty heavier than the fine prior to the instant case, and the fact that the distance from the driving of drinking is shorter, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) (recognating the reason for reduction of the amount of punishment) or more of the Criminal Act;