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(영문) 광주지방법원 2017.01.19 2016고단5064
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

(1) On September 27, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a violation of road traffic laws at the Seoul Southern District Court on September 27, 2007; (2) on December 7, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic laws at the Seoul East District Court on December 7, 2007; and (3) on July 9, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a violation of road traffic laws at the Gwangju District Court on July 9, 2008; and (4) on October 25, 2012, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Gwangju District Court’s Net Branch of the Gwangju District Court on December 3, 2014; and (5) on December 23, 2015.

【Criminal facts” around 22:45 on September 12, 2016, the Defendant driven a e-car under the influence of alcohol content of 0.128% while under the influence of alcohol, from the front side of the “business lifts” in the Dong-gu Dong-gu, Gwangju to the front road of the Election Management Committee located in the same Dong-dong-gu to the front side of the election commission in the same Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (the same criminal record and date of release);

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

1. Article 35 of the Criminal Act of aggravated repeated crimes has been punished several times due to driving under the influence of alcohol for sentencing, and accordingly, the crime of this case has been committed without being aware of even during the period of repeated crimes.

In blood, alcohol concentration is high.

It is inevitable to sentence sentence in light of such unfavorable circumstances.

However, it is advantageous, the driving distance is short, and the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.

The age, gender, and administration of the defendant.

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