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(영문) 광주지방법원 목포지원 2017.10.24 2017고단962

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

[Criminal Records] On September 10, 2008, the Defendant was issued a summary order of KRW 1.5 million in the Gwangju District Court's wooden Branch.

[Criminal facts]

1. On June 17, 2017, the Defendant, in violation of the Road Traffic Act (drinking driving) around 14:05 on June 17, 2017, driven a D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Motor Vehicle

Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol as above.

2. 2017. 7. 13. 도로 교통법위반( 음주 운전) 피고인은 2017. 7. 13. 22:20 경 전 남 영암군 삼호 읍 삼호 중앙로 129에 있는 퀸스 빌 아파트 앞 도로에서부터 같은 읍 삼호 중앙로 175에 있는 삼호 농협 앞에 이르기까지 약 300m 구간에서 혈 중 알코올 농도 0.128% 의 술에 취한 상태로 E 아반 떼 승용차를 운전하였다.

Accordingly, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, driven a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at each driving school, inspection report on the actual condition of a traffic accident (1 and 2), and notification of the results of crackdown on the driving of alcohol;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history (A) and of a summary order;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) (which means the one under the influence of alcohol as indicated in the holding), Articles 148-2(1)1 and 44(1) of the Road Traffic Act (which means the one under the influence of alcohol as indicated in the holding), and each choice of imprisonment with prison labor, for criminal facts;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the accused has been punished once for the same kind of crime, and on December 4, 2014, the Gwangju High Court has suspended the execution of imprisonment for two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. by a driver).