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(영문) 광주지방법원 순천지원 2017.07.12 2017고단492

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated in the indictment on October 17, 2007 in the indictment refers to “ September 4, 2007.” The summary order date is October 17, 2007 (see, e.g., evidence records 28 pages, 32). Thus, the Defendant’s criminal facts are corrected ex officio, as shown in the text.

The order of a fine of KRW 700,000 was issued for the violation of the Road Traffic Act in the Gwangju District Court's net 200,000 for the violation of the Road Traffic Act, and the order of a fine of KRW 1.5 million was issued for the violation of the Road Traffic Act in the Changwon District Court's common jurisdiction on July 30, 2013.

On March 17, 2017, the Defendant driven BM car at a section of about 200 meters from the 200 meters away from the road in Ssamdong, Ssamdong to the road in front of the domini-dong Ba-dong, Scenic Zone, under the influence of alcohol concentration of 0.066% among the blood transfusion around 22:48.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 62-2(1) and the main sentence of Article 62-2 of the Social Service Order and Order to attend a lecture, and Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s previous conviction, age, alcohol concentration in the Defendant’s blood relative at the time of the instant crime; and

Normals that are disadvantageous to the defendant: Normals that are favorable to the fact that the defendant has a two-time driving power: the distance of driving under drinking is relatively short.