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(영문) 춘천지방법원 원주지원 2018.04.11 2017고단908

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

The defendant, on January 29, 2007, received a summary order of KRW 1,500,000 from the Daejeon District Court on January 22, 2009 to a fine of KRW 1,50,000 for a crime of violation of road traffic law (drinking) from the Chungcheong District Court's support on January 29, 200, and a summary order of KRW 2 million for the same crime from the Daejeon District Court.

[Criminal facts] The Defendant committed a crime on September 3, 2017, 09:51 at the interest rate of Won-si on September 3, 2017

From “Saule House” to “Saule Patom-car” located in Chungcheongnam-si in Chungcheongnam-si, Birsatom-car was under the influence of alcohol concentration of approximately 0.106% during blood in the 30km section.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

On January 29, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Daejeon District Court on January 22, 2009 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) in the application of the Chungcheong District Court on January 29, 2007.

On September 26, 2017, the Defendant was not detained due to a violation of the Road Traffic Act (drinking driving) at the Chuncheon District Court's original branch on September 26, 2017 and was under trial.

[Criminal facts] On September 27, 2017, the Defendant driven a car with B windowsom in the state of alcohol with approximately 0.242% alcohol concentration at approximately 150 meters from the path in front of the Defendant’s residence in the Gulju City, 13:00 to the Gulju road in the Gulju City.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on the results of regulating driving of drinking alcohol and a report on actual condition survey;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

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. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;