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(영문) 광주지방법원 2017.10.26 2017고단2938

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On November 27, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on November 27, 2006, and a summary order of KRW 3 million for the same crime in the Jeonju District Court's Eup branch on November 2, 2007, respectively. On July 17, 2008, the Defendant was sentenced to imprisonment for three months and a fine of KRW 80,000 for the same crime, etc. at the Gwangju District Court.

On May 12, 2017, the Defendant driven B Poter II truck under the influence of alcohol content of about 0.210% in blood on the section of about 8km from the roads near the trade name in Yansan-gu, Seoul Special Metropolitan City to the Seocho-gu, Seoul Special Metropolitan City, Yan-gun to the roads near the Jinjin-do located in 264.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs of traffic accidents;

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

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a five-time driving force of drinking alcohol, but also has a five-time driving force, and the criminal liability is not weak.

However, considering the fact that the crime is against the fact that it is being treated with cerebrovascular, the circumstances favorable to the treatment currently being performed with cerebrovascular, and taking into account all of the sentencing factors indicated in the pleadings of this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered.