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(영문) 서울북부지방법원 2017.08.31 2017고단2640
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On July 2, 2008, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine for a crime of violating the Road Traffic Act, and on February 24, 2014, the same court received a summary order of KRW 3,00,000 for the same crime.

On June 5, 2017, the Defendant driven a approximately 500-meter 2640 Obama, which was under the influence of alcohol content of 0.137% in blood around 01:40 on June 5, 2017, and operated a approximately 500-meter section from the front of 268 to the front of Seoul Northern-ro 79-ro, Gangnam-gu, Gangnam-gu, Seoul.

On June 15, 2017, the Defendant, around 23:25, 2017, driven a two-wheeled vehicle with approximately 10km alcohol concentration of about 0.354% in blood while under the influence of alcohol content at around 0.354% in front of the Busan Seo-dong, Seo-gu, Seo-gu, Incheon.

Summary of Evidence

"2017 Highest 2640"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. "Inquiry about the results of crackdown on driving drinking, 2017 Highest 2816";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

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. Although it is possible to have the record of punishment for driving under the reason of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act, considering the circumstances, such as the fact that driving under the instant crime was committed again, even though he/she was admitted to driving under the influence of alcohol, he/she led to driving under the influence of alcohol, and the fact that the level of drinking is very high, etc.

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