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(영문) 서울중앙지방법원 2017.06.07 2017고단1885
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 4, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on December 3, 2012, the Seoul Northern District Court issued a fine of KRW 5 million for the same crime, etc. on December 3, 2012, and on July 2, 2014, the Defendant was sentenced to suspended sentence for 8 months for the same crime, etc. at the Seoul Eastern District Court.

"2017 Highest 1885"

1. Around 01:00 on February 17, 2017, the Defendant driven a Ccoison vehicle with a alcohol content of at least 0.082% of alcohol in blood, from around approximately 300 meters to the front day of the distribution of Kindo-ro 3 Lindo-ro, Seoul, Seocho-gu, Seoul, to the direction of the distribution of the distribution of the 3rd alcohol in the same Gu.

Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

"2017 Highest 2513"

2. On February 4, 2017, at around 00:47, the Defendant driven a car with C Coinaro at approximately 0.161% alcohol content from the parking lot of the Gangnam-gu Seoul, Gangnam-gu, Seoul (196-4 o-dong 196-4 o-dong) to the front of the same sof apartment at approximately 34 meters, while under the influence of alcohol content at approximately 0.161%.

Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Notification of the results of regulating driving of alcohol;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (a summary order and attachment of judgment attached thereto);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the defendant recognized the crime and reflects the crime, and some of the circumstances can be taken into account in the circumstance of driving or regulating drinking, and driving under the influence of alcohol.

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