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(영문) 광주지방법원 2018.08.16 2018고단2766
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 27, 2009, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on March 27, 2009, and on October 31, 2017, issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on October 31, 2017, and on April 12, 2018, the Defendant was sentenced to imprisonment for 6 months for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on April 20, 201, and the said judgment became final and conclusive on April 20, 2018.

[Criminal facts] On June 4, 2018, at around 23:00, the Defendant driven a CNF small-scale car under the influence of alcohol level 0.248% while under the influence of alcohol level 0.248% while under the influence of alcohol level 0.248%, from a place where the location in the Dong-dong, Dong-dong, Gwangju Metropolitan City cannot be identified, Dong-dong, Gwangju Metropolitan City. to the roads in front of the school peace top-ro 23, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, report on investigation (including one copy of the judgment attached to the judgment and two copies of the summary order), and other relevant Acts and subordinate statutes;

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. As shown in the record of the reasoning of the judgment on the grounds of sentencing selective punishment, the Defendant had been punished three times or drinking prior to the instant crime, and in particular, the instant crime was committed not later than two months after the suspended sentence was sentenced.

In light of the above, the crime of this case is not good, and the risk of recidivism of the defendant is low.

It is difficult to see it.

The alcohol concentration in blood is also very high.

Even when considering the favorable circumstances asserted by the defendant and defense counsel, the sentence of imprisonment to the defendant is inevitable.

The above circumstances are as follows.

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