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(영문) 서울중앙지방법원 2017.10.13 2017고단5467
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 21, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic law (driving in drinking), in support of the Sungnam branch of Suwon branch of Suwon branch of the Republic of Korea on January 21, 2015. On January 2, 2009, the Defendant was issued a summary order of KRW 1.5 million for the same crime.

2. The Defendant has a record of violating the prohibition of drinking alcohol driving not less than twice, as stated in the preceding paragraph.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.178% in blood around July 22, 2017, driven a 100-meter Cpool car from the front of the 305 Mox Officetel as Seoul Gangnam-gu, Seocho-gu, Seoul, to the front of the 305 Mazytel-ro 79-ro 28 Mazyun apartment street.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report on confirmation of the criminal suspect A's history of driving alcohol), copy of summary order (netly No. 15), copy of judgment (netly No. 16) and application of Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor (the defendant shall be punished as imprisonment with prison labor in consideration of the circumstances, such as the fact that the defendant again commits the crime of this case even though he/she was punished three times due to drinking driving in the past and the fact that the amount of alcohol content in blood is significantly high at the time of detection);

1. Circumstances under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of weight (including the following: (a) the accused recognizes all criminal facts and reflects the criminal facts; (b) there is no penalty heavier than the fine prior to the instant case; and (c) there is no attempt to drive any kind of drinking; and (d) the distance of driving under the influence of alcohol is relatively short;

1. Article 62(1) of the Criminal Act (the grounds for the reduction of the amount of punishment repeated);

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