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(영문) 광주지방법원 순천지원 2018.04.26 2017고단2877

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 13, 2012, the Defendant was sentenced to a suspended sentence of one year for six months, due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) in the Gwangju District Court’s net support on December 13, 2012. On June 11, 2014, the Defendant was sentenced to imprisonment for six months in the same court and five times in total for drinking driving force.

On November 20, 2017, the Defendant driven a cub car from around 800 meters away from the 800-meter section to the 2nd underground parking lot of the same Si square, which is located in the Gyang-si 1-ro rop (China-dong) from the front of the cafeteria, Gyang-si 1-ro, Gan-si, under the influence of alcohol content of around 00:02 to 0.194%.

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. The defendant's legal statement (the second public trial date);

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

1. Each photograph;

1. Previous convictions in the judgment: Application of inquiry, each summary order, and copies of the judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Considering the criminal records of the Defendant for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the nature of the instant crime, the degree of alcohol concentration in the blood transfusion of the Defendant at the time of driving of the instant case, etc., strict punishment is inevitable.

However, the same sentence as the order shall be determined by comprehensively taking into account the various sentencing conditions shown in the records and the theory of changes, such as the family relationship of the defendant and the fact that the defendant reflects the defendant's wrongness.

It is so decided as per Disposition for the above reasons.