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(영문) 전주지방법원 남원지원 2018.11.27 2018고단231

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law at the Jeonju District Court’s Eup branch on October 10, 2008, and a fine of KRW 2.5 million for the same crime at the Gwangju District Court on March 28, 201, respectively. On June 14, 201, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for the same crime at the Jeonju District Court’s Eup branch on March 14, 201.

[Criminal facts] On September 29, 2018, the Defendant driven a B-child car under the influence of alcohol with approximately 0.141% alcohol concentration in blood from around 1km to the front road of “Tinapro” through viewing in Namwon-si, Namwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge) and internal investigation report (Attachment to photographs related to the on-site conditions);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the previous confirmation report) statute;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable sentencing conditions among the reasons for sentencing) include three times as stated in the first head of the crime in the judgment, and one of them committed the instant crime even if the Defendant was punished by a suspended sentence of imprisonment.

At the time of the instant crime, the Defendant’s blood alcohol concentration is relatively high.

In light of these circumstances, punishment by sentence corresponding to the responsibility of the defendant is essential.

However, it is reasonable to consider the fact that the defendant acknowledges and reflects all of his mistakes, there is no record of punishment for the defendant, and that the defendant supports his family, including his children, in favor of the defendant, and in other arguments in this case.