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(영문) 전주지방법원 2017.12.26 2017고단1951
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 25, 2009, the Defendant was issued a summary order of one million won for a violation of the Road Traffic Act (drinking driving), etc. at the Jeonju District Court, and on September 5, 2017, the Defendant was indicted for a violation of the same Act, etc. and was issued a summary order of seven million won for a fine on November 28, 201.

Nevertheless, at around 15:40 on September 24, 2017, the Defendant driven the ECI 100 Oral Sea without a motor bicycle license, while drunk from approximately 100 meters of alcohol level to about 0.124% of alcohol level during blood, from the 100-meter section, from the front road of Yansan-gu, Seoul Metropolitan City to the blind road of the D agency distance in the same C.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again drives a motor bicycle without a motor device license under the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning an inquiry letter, such as criminal history, a report on the results of confirmation of a previous conviction, and facts constituting an offense governed by statutes applicable to the investigation report (verification of the same criminal records as the suspect);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had already been punished several times of a fine due to driving under drinking, etc.; (b) while driving under the influence of a license at the same time; and (c) the Defendant, on August 26, 2017, was under the control of driving in a very serious condition of 0.238% of alcohol while driving under the influence of alcohol while under the influence of a license; and (d) the Defendant committed the above crime immediately thereafter; and (c) the Defendant committed the above crime in addition, taking into account various circumstances, such as the Defendant’s age, occupation, living environment, and alcohol concentration at the time of crackdown, and driving distance, etc.

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