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(영문) 광주지방법원 해남지원 2015.01.14 2014고단348
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 6, 2004, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on May 6, 2004; on October 15, 2010, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 31, 201; on January 31, 201, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) at the Suwon District Court on June 20, 2012; on June 28, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act (licensed Driving) and the Road Traffic Act finalized on June 28, 2012; and the Defendant has violated Article 4 (1).

At around 00:00 on October 26, 2014, the Defendant driven a Crenice car under the influence of alcohol content of about 0.342% in a section of about 10 meters from the date before the river of the riverbed located in the 1-4-ro 1-lane 1, Nannam-gun, Nannam-gun, Nannam-gun, Seoul-do, to the date of the river of the river of the river of the river of the same Eup-2-lane 11-4.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Control note;

1. On-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes to three copies, such as criminal records, inquiry reports, court rulings, and reports on previous dispositions and confirmation of each judgment;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. There are favorable circumstances such as the fact that the defendant's reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is pening his fault in depth, and that there is a family member to support the defendant.

However, even before committing the instant crime, the Defendant had been punished several times due to drinking driving, etc., and the Defendant committed the instant crime in spite of the fact that he was subjected to suspended sentence, and the blood alcohol concentration of the instant case is very high.

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