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(영문) 광주지방법원 순천지원 2014.03.26 2014고단6

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 5, 2007, the Defendant was sentenced to a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act, etc. in the Gwangju District Court's net order support on the same crime. On November 2, 2007, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime in the same court.

Criminal facts

On December 31, 2013, at around 23:30 on December 31, 2013, the Defendant driven Cchier car with approximately 500 meters alcohol concentration 0.096% while under the influence of alcohol on the road front of the sloping road located in the Pyeong-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions in judgment: References to criminal records, investigation reports (a copy, etc. of judgment), two copies of judgment, copies of summary order, and application of Acts and subordinate statutes in one copy of judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being sentenced several times as a drunk driving, again committing the instant crime at issue due to the refusal of drinking alcohol measurement, etc., and accordingly, the Defendant’s vehicle intrudes on the central line and causes a traffic accident, it is inevitable to sentence the Defendant’s sentence.

However, in consideration of all the circumstances shown in this case, such as the fact that the defendant is against nature, the fact that the vehicle is scrapped, and the degree of driving at the time of the crime, the punishment as ordered shall be determined.