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(영문) 광주지방법원 순천지원 2017.10.18 2017고단426

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On May 16, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), KRW 2 million for the same crime in the same court on September 19, 2016, and KRW 6 million for the same crime in the same court on April 3, 2017, respectively.

1. On February 26, 2017, the Defendant driven a Rab BM car with approximately KRW 700 meters from the front Do to the front road of the Geum-gu High School while under the influence of alcohol content of 0.108% in the blood transfusion around 00:35 on February 26, 2017.

2. On June 14, 2017, the Defendant: (a) driven a C-T-T-T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Previous conviction: Five copies of a written inquiry about criminal history, etc., inquiry about the results of crackdown on drinking driving, and three copies of a summary order "2017 order 426";

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each photograph "2017 Height 1334";

1. Statement by the defendant in court;

1. Detailed statement reports on drivers of drinking alcohol and inquiry of the results of crackdown on drinking alcohol driving (Evidence No. 17 pages of evidence);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act on June 14, 2017) and a crime of violating the Road Traffic Act (a non-licenseed driving) and a crime of violating the Road Traffic Act on June 14, 2017, with a heavier punishment;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;