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(영문) 서울중앙지방법원 2017.06.13 2017고단2736
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 19, 2017, while under the influence of alcohol content of 0.136% during blood transfusion around 08:55, the Defendant driven BMW car at a section of approximately 1.4 km up to the shooting distance on the roads near the Gangnam-gu Seoul Metropolitan Government Seo-dong 236.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On July 19, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving) by the Seoul Southern District Court on July 19, 2016, and on February 18, 2017, the Defendant was under the influence of driving a vehicle while under the influence of alcohol of KRW 0.093% during blood.

On February 19, 2017, while under the influence of alcohol content of 0.136% during blood transfusion around 08:55, the Defendant driven BMW car at a section of approximately 1.4 km up to the shooting distance on the roads near the Gangnam-gu Seoul Metropolitan Government Seo-dong 236.

2. In light of the judgment, Article 148-2 (1) 1 of the Road Traffic Act provides that a person who violates the prohibition of drinking once or more and violates the prohibition of drinking again. The above provision provides that a person who reflects the normative nature of the actor's anti-toxic nature in the sentencing shall be punished as the grounds for aggravated punishment. In this case, the prohibition of drinking is limited to a case where a person who violates the prohibition of drinking twice or more"means that the prohibition of drinking is limited to a case where a person who has received a final judgment through a court's substantive deliberation, and the penal law shall be strictly interpreted and applied in accordance with the language and text and shall not be excessively expanded or analogically interpreted to the disadvantage of the defendant.

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