beta
(영문) 서울중앙지방법원 2017.08.23 2017고단4514

도로교통법위반(음주운전)등

Text

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

[criminal history] On December 28, 2016, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of road traffic law at the Seoul Central District Court on December 28, 2016, and a fine of KRW 5 million in the same court on March 22, 2013 as well as a summary order of KRW 5 million for the same crime on March 22, 2013, on one further basis.

[2] On May 26, 2017, around 23:10, the Defendant driven C-Wts in the state of alcohol alcohol concentration of about 5km from the roads near Yongsan-gu Seoul Metropolitan Government to the roads in front of 117-8, Seocho-gu, Seoul, the distributiondong of Seocho-gu, and without a driver’s license, while under the influence of 0.190% of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on detection of a driver at the State, a record of drinking alcohol measurement, a report on the circumstances of the driver at the State, and an investigation report (as to the application of the suspect mark above);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 has already been punished for driving alcohol three times or more, again commits the instant crime, the fact that the defendant was punished for driving alcohol at the end of December, 2016, the fact that he/she was not punished for driving alcohol again, and that he/she was driving alcohol without obtaining a license for driving alcohol again on several months or more, the occurrence of a traffic accident during driving alcohol (not prosecuted) and the fact that the alcohol concentration in the blood at the time of detection

1. Articles 53 and 55(1)3 of the Criminal Act (the fact that the defendant recognizes all criminal facts and reflects the criminal facts), and the transfer of this case.