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(영문) 광주지방법원 순천지원 2018.07.05 2018고단524

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 12, 2013, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. in the Gwangju District Court’s Netcheon Branch on July 12, 2013. On May 20, 2014, the Defendant was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (drinking driving) in the same court.

On February 11, 2018, the Defendant driven Dsch Rexton vehicles under the influence of alcohol concentration of about 0.11% from the 1.5km to the spoke distance from the front of the insular restaurant located in the spondal 72, spoke-si, Yongsung-gun, the Namsung-gun, the Namcheon-gun, the Dok-si, the Dok-si, the Dok-si, the Dok-si, the Republic of Korea, at approximately 1.5km.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of inquiry, summary order, and copy of the text of the judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor as a matter of choice (such consideration as the criminal history of the defendant, date and time of revocation of the driver's license, details of the crackdown on the crime of this case, degree of alcohol concentration in the defendant's blood

1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2001Da1448, Apr. 1, 201) of the Criminal Act for the reduction of volume;