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(영문) 전주지방법원 2017.09.05 2017고단1102

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2017, the Defendant is a person who was sentenced to a fine of KRW 5 million for a violation of road traffic law at the Jeonju District Court on March 18, 2013, a fine of KRW 3 million for a violation of road traffic law at the Daejeon District Court on March 18, 2013, a fine of KRW 2 million for a violation of road traffic law at the Daejeon District Court on January 10, 2006, and a fine of KRW 1 million for a violation of road traffic law at the Daejeon District Court on September 15, 2004.

Although the Defendant had a alcohol driving force twice or more as above, on March 20, 2017, the Defendant driven a truck with approximately 1 km from the road front of the North non-Sin-Gun Eup/Eup/Myeon under the influence of alcohol level of 0.09% during blood, to the front road of the riju elementary school, the Defendant driven a truck with a 1 ton of the Cpoter sporespond from the 1km section from the front road of the riju-Gunn Eup/Eup/Myeon under the influence of alcohol level of 0.09% during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had already been sentenced to a four-time fine due to drinking driving, etc.; and (b) the Defendant, while driving alcohol on October 21, 2016, caused a traffic accident requiring repair costs of KRW 49 million; (c) the Defendant committed the instant crime only for about five months; and (d) other circumstances, such as the Defendant’s age and occupation and living environment; and (e) the Defendant’s blood alcohol concentration and driving distance;