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(영문) 광주지방법원 해남지원 2019.01.31 2018고단431

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On December 14, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's branch on March 9, 201, a summary order of KRW 2 million for the same crime in the same court on March 9, 201, and a summary order of KRW 6 million for the same crime in the same court on November 15, 2013, respectively. On April 10, 2014, the Defendant was sentenced to a summary order of KRW 6 million for the same crime, and was sentenced to a suspended sentence of imprisonment for 1 year and 2 years at the Gwangju metropolitan District Court on April 10, 2014.

【Criminal Facts】

On September 16, 2018, at around 20:15, the Defendant driven a f-wing truck from approximately 1 kilometer to the roads near the Cridge located in the Namnam-gun, Namnam-gun, with a alcohol alcohol concentration of 0.413%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the actual condition of traffic accidents and on the occurrence of traffic accidents;

1. Photographs of the accident site;

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Previous records: Criminal records and other inquiries, a copy of each summary order, and the application of Acts and subordinate statutes of the judgment;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act that choose a sentence, and the reason for the sentencing of imprisonment with prison labor is an offense that causes the heavy risk of many people.

Defendant again committed the instant crime even though he was subject to severe warning of the risk of drinking driving through a judgment of a fine and a suspended sentence.

At the time of the Defendant’s crime, the blood alcohol concentration was considerably high, and the Defendant caused an accident involving the signal, etc. while driving a vehicle.

The defendant seems to have been in a very difficult state to drive normally, and there was a risk of leading to a big accident.

However, the defendant recognizes all of his errors.