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(영문) 서울중앙지방법원 2017.04.12 2017고단574
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 23, 2007, the Defendant received a summary order of KRW 500,000,000 as a crime of violating the Road Traffic Act, and on July 9, 2009, issued a summary order of KRW 500,000,000 as a fine for the same crime at the Seoul Southern District Court, and on January 2, 2012, issued a summary order of KRW 2.5 million as a fine for the same crime from the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea, and on March 15, 2013, issued a summary order of KRW 2,50,00 as a fine for the same crime at the Seoul Southern branch of the Seoul Central District Court.

[2] On January 1, 2017, around 12:28, the Defendant driven E-motor vehicle under the influence of alcohol with approximately 0.180% alcohol concentration in blood from around 4km to around 146, Gangnam-gu, Seoul, Samsungdong-dong.

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle under the influence of alcohol again.

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 (1) and (2) (2) on traffic accidents;

1. As a result of the application of the aforementioned dmark formula to 0.169% of the blood alcohol concentration in the blood of the main driver's detection report, the statement of the situation of the main driver, and the blood of alcohol measurement records, the alcohol concentration in the blood was specified as 0.180%.

A separate investigation report, etc. on the application of the dmark formula was not submitted as evidence, but such purpose is stated in the police interrogation protocol against the defendant.

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (the same type of criminal records and attachment of written judgments of the suspect), and statutes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the following reasons for sentencing) is against all the criminal facts.

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