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(영문) 서울중앙지방법원 2017.06.23 2017고단2912
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 20, 2009, the Defendant was sentenced to a fine of KRW 700,000,000 as a crime of violation of road traffic law at the Seoul Central District Court on December 28, 201, a fine of KRW 2 million as the same crime in the same court on December 28, 2010, and a fine of KRW 5 million as the same crime in the same court on May 24, 2016.

[2] On March 11, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on March 11, 2017, driven a BS-type vehicle while under the influence of alcohol content of about 0.136% in the 1km section from the blood alcohol level to the 44-lane 22, large-scale apartment house located in the same Gu on the roads near the river basin of the Dongjak-gu Seoul Metropolitan Government.

As a result, the Defendant, without a driver's license, driven a motor vehicle at least twice, and driven 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), (2) on traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Blue photo (No. 10 No. 10), accident scene, and vehicle photograph (No. 13 times a patrol);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the same summary order), and a copy of each summary order attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Defendant shall be punished by imprisonment, taking into account the circumstances such as the fact that the Defendant again committed the instant crime even if he/she was punished for driving three times or more, in particular, since he/she was not notified of a summary order due to drinking driving on May 2016, again driving under drinking again, and the amount of alcohol concentration in blood at the time of detection is not lower.

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