(영문) 서울서부지방법원 2017.02.16 2017고단73

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울서부지방법원 2017.02.16 2017고단73

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 23, 2007, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On July 10, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the Chuncheon District Court. On January 28, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

On January 1, 2017, around 14:27, the Defendant driven a F Kan-Pon car while under the influence of alcohol leveling to about 0.147% ("0.141%" in the indictment appears to be clerically written) of alcohol leveling to about 50 meters from the house of the main body of Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the front of the E apartment of Seodaemun-gu, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was 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 suspect of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (pre-trial records and binding of the same kind of judgment during the period of suspension of execution), investigation report (verification of criminal records and attachment of summary order) and statutes;

1. In light of the relevant legal provisions regarding criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the Defendant’s reason for sentencing selective punishment of imprisonment, and the fact that the Defendant, including the criminal records as indicated in the judgment, had been punished by drinking more than five times or more times or more, once or more, once or more, once again drives under the influence of drinking. Moreover, on August 30, 2016, the Defendant was sentenced to the suspension of the execution of his/her duties for obstructing the performance of his/her duties, and was sentenced to the suspension of the execution of his/her duties for a period of eight months, and was sentenced to the suspension of the execution of his/her duties for a second time during the suspension of the execution of his/her duties, which led to an accident that conflicts between parked vehicles and fluent rice during the operation

However, the fact that the defendant repents his mistake, and the health of him is not good.

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