(영문) 서울서부지방법원 2017.11.23 2017고단2692

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.11.23 2017고단2692

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On October 14, 2013, the Defendant was sentenced to the suspension of indictment for a violation of road traffic laws at the Seoul Southern District Prosecutors' Office, and on July 12, 2016, the Seoul Southern District Court issued a summary order of KRW 6 million for a crime of violation of road traffic laws.

[Criminal facts]

1. On August 24, 2017, the Defendant, at around 09:30 on August 24, 2017, driven a bicycle in the BPCX125C motor device while under the influence of alcohol content 0.28% in the upper right and right and right and right and right and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty and duty of

As a result, the Defendant, who committed a crime of violating the Road Traffic Act (drinking) at least twice, once again driven a motor device under the influence of alcohol.

2. No motor vehicle or horse, other than motor vehicles violating the Road Traffic Act, shall pass on or cross an expressway or exclusive road for motor vehicles;

The Defendant driven the motor vehicle listed in paragraph 1 at the date and time stated in paragraph 1, and driven approximately 1 Km section from the entry lamps to the right side of the upper water basin, which is an exclusive road for motor vehicles, to the front of the front of the U.S. approach lamps for the discharge of the water at the flood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (the application of the aforementioned dic formula);

1. Scenic photographs;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and a statement of primary origin to the Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1 of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 154 subparagraph 6, and Article 63 of the Road Traffic Act (the point of violating the prohibition of passage on roads for motor vehicles, the selection of fines);

1. Although a prosecutor was indicted as an ordinary concurrent crime under the former part of Article 37 of the Criminal Act, Article 38(1)2 and 3, and Article 50 of the Criminal Act, the number of concurrent crimes is determined ex officio without changing the indictment.

참조조문

-형법 제37조

-형법 제38조 제1항 제2호

-형법 제50조

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