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(영문) 창원지방법원 진주지원 2017.09.22 2017고단499

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 31, 2011, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), and on January 20, 2015, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on January 20, 2015, and seven times the records of punishment for driving under drinking or non-licensed driving.

On April 17, 2017, the Defendant driven B low alcohol while under the influence of alcohol of about 0.218% in alcohol without a driver’s license from a section of about 100 meters from the front of a restaurant to the front of the reflect elementary school located in the same Ri, which is located in the Dolin-si of the common nature of Jin-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (refusing Drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the selection of imprisonment, respectively;

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 which is heavier than punishment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the alcohol concentration in the blood of this case is very high by 0.218%.

At the time of crackdown, the defendant was able to walk, and he was able to walk.

When driving under such a state of driving, the risk of accidents is very high.

In 2014, the Defendant was punished for the same offense five times in addition to punishment for driving alcohol with a blood alcohol content of 0.151% in 201 and 0.071% in 201.

However, there have been one time of drinking for the last five years, and the remainder of the past is five years before five years.