logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.16 2017고단4410
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 11, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Seoul Central District Court on June 23, 2009, a summary order of KRW 2.5 million for the same crime at the same court on June 23, 2009, and on May 18, 2010, the Gwangju District Court issued a summary order of KRW 2.5 million for the same crime, and on May 18, 2010, a violation of the Road Traffic Act (unlicensed Driving).

Meanwhile, on July 17, 2013, the Defendant was sentenced to one-year suspension of execution, two years of protection observation, and 40 hours of an order to attend a lecture at the Daejeon District Court on July 17, 2013, and the judgment became final and conclusive on July 25, 2013. On November 26, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking) or a violation of the Road Traffic Act (licensed driving) at the Seoul District Court on November 26, 2014, and the said judgment became final and conclusive on June 22, 2015, and the suspended sentence was revoked on July 25, 2013, and on August 17, 2016, the Seoul District Court completed the enforcement of the sentence.

[Criminal facts] around 01:20 on April 23, 2017, the Defendant driven CK5 cars under the influence of alcohol of about 0.127% of alcohol content from around 500 meters to around 30-4, 200 meters away from the road of Gwanak-gu in Seoul Special Metropolitan City, 95-78, Seoul Special Metropolitan City, to the road of 95-78.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous review, etc. of such history);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The grounds for sentencing Article 35 of the Criminal Act for aggravated repeated crimes include the fact that the defendant has been punished several times due to drinking alcohol driving, etc., and the defendant again commits the crime of drinking alcohol driving in this case during the period of the same repeated crime, and the punishment shall be determined as ordered by taking into account all the factors of sentencing.

arrow