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(영문) 광주지방법원 2017.08.10 2017고단2078

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gwangju District Court on June 12, 2009, a fine of three million won for the same crime in the same court on March 11, 2014, and a suspended sentence of two years for the same crime in the same court on August 28, 2014.

On May 2, 2017, 2017, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of about 0.166% from the blood 2k section to the E parking lot located in D, from the Defendant’s house located in G, Nam-gun C on May 2, 2017.

On May 23, 2017, the Defendant driven Fpoter in the state of alcohol alcohol concentration of about 0.195% at approximately 50 meters from the 50-meter section to the front of the center located in the Jeju 11,000-ri 11 of the same surface from the near the road that is one of the 6 roads of Young-si, Nam-si, Namwon-si, Namwon-si around 15:10, 201.

Summary of Evidence

1. The defendant's oral statement "2017 Highest 2078";

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the judgment), "2017 Highest 2767";

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant had been subject to four times punishment due to drinking driving even before the instant case, and was sentenced to a suspended sentence in 2014, and the Defendant again driven on May 23, 2017 without being familiar with the investigation due to drinking driving on May 2, 2017.

C. The Defendant’s age, sex, environment, and other factors of sentencing specified in Article 51 of the Criminal Act, which are revealed in the records of the instant case.