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(영문) 서울남부지방법원 2017.05.18 2017고단962

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 1, 2011, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act at the Incheon District Court, and on November 29, 2013, the Defendant was sentenced to imprisonment for one year and two years of suspended execution with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Support of the Incheon District Court. On August 28, 2014, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on February 24, 2016, and the Defendant was sentenced to a suspended execution for one year and one year of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the judgment became final and conclusive on November 29, 2013 after being sentenced to suspended execution for the said period of imprisonment for one year and one year and one year was sentenced to suspension of execution.

was made.

On February 22, 2017, around 07:37, the Defendant driven a B E-car under the influence of alcohol content of about 200 meters from the front of the new branch of the National Bank in the Yangcheon-gu Seoul Metropolitan Government, to the south-ro 310-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the details of crackdown, and the statement of the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to summary orders), investigation report (report on confirmation of the expiration of the period of punishment of the suspect) and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The crime of this case was committed again, even though there was a history of punishment four times or more including the sentence, due to the crime of violation of the Road Traffic Act (drinking driving) due to the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

The instant crime is a crime committed during the same period of repeated crime.

It is inevitable to punish severe punishment.

In addition, all kinds of alcohol concentration, driving background, circumstances after crimes, etc. are included in blood.