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(영문) 광주지방법원 순천지원 2018.06.15 2018고단616
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant violated the Road Traffic Act (drinking) on December 30, 2017, on December 30, 2017, the Defendant driven a bus for luminous B business owned by 0.113% of alcohol in the section of 20km from the front of a luminous mass traffic office located in the U.S. in the U.S. of the Gwangjin-gu, Mayang-gu, Mayang-si to the front of the Jin-si church located in the same area.

2. On January 10, 2018, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act (drinking driving) with the support of the Daegu District Court of the Daegu District on February 17, 2011. On December 30, 201, the Defendant was driving under the influence of alcohol as prescribed in the above paragraph (1).

On January 10, 2018, the Defendant driven CK5 car under the influence of alcohol leveling to approximately 0.077% in the section of 100km to the front road of the 100-km-si, Seocheon-gu, Seocheon-si, Daegu-si, Seocheon-si, Seowon-si, Seocheonwon-gu, Daegu-si, the Defendant driven CK5 car under the influence of alcohol leveling to approximately 100 meters in front of the road.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver in charge of driving (No. 4) and notification of the results of regulating drinking driving;

1. Examination of the circumstantial statement report (No. 11 No. Serial in the evidence list) of the driver in charge of driving alcohol, and the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes to a reply to inquiry, a report on investigation (Attachment to a summary order);

1. Relevant Article of the Act and Articles 148-2(2)2 and 44(1) (referring to driving under the influence of alcohol on December 30, 2017) concerning criminal facts; Articles 148-2(1)1 and 44(1) (referring to driving under the influence of alcohol on January 10, 201) of the Road Traffic Act; and choice of imprisonment for each sentence;

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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act include one time the previous driver's license and two times the previous driver's license.

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