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(영문) 광주지방법원 2018.09.06 2018고단1791

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On January 17, 2011, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Chungcheong District Court’s rendered a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act, on April 6, 2015, and on February 9, 2017, the Defendant was issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking driving), and on February 9, 2017, the Defendant violated Article 44(1) of the Road Traffic Act, such as imprisonment with labor for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court’s jurisdiction, on more than two occasions.

On March 2, 2018, under the influence of alcohol leveling to 0.075%, the Defendant driven a 5 km-ro 16-gil, Seocheon-ro, Seocheon-ro, Busan, from the Do near Busan, Women's High School No. 37 to the roads near the 447-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of inquiry letter, each judgment, and summary order Acts and subordinate statutes;

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. Not only can the same criminal record for the reason of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity, but also the crime of this case is committed when it is committed during the period of probation of imprisonment for the same kind of crime; on the other hand, considering all the circumstances, including the fact that the defendant has recognized his/her mistake, alcohol concentration level, driving distance, etc.