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(영문) 광주지방법원 순천지원 2017.08.18 2015고단2236
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On December 19, 2008, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic law in the Gwangju District Court's net support on December 19, 2008, and was sentenced to a suspended sentence of two years for the same offense on May 13, 2014, and was sentenced to six months by the same court on September 26, 2014, and was sentenced to the same offense in the same court, and was on September 26, 2014, and had a total of four drinking skills

On October 26, 2015, at around 20:25, the Defendant driven a car with Cmea while under the influence of alcohol content of about 0.080% from around 200 meters to the front day of the secondary apartment road in the same time of the death of the dead forest.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the current status of personal identification and confinement, and facts during the period of repeated crimes);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The punishment is determined as ordered by comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, family relationship, environment, background and consequence of the crime, circumstance after the crime, etc., and the fact that there are many criminal convictions of the same kind in sentencing under Articles 53 and 55(1)3 of the Criminal Act, and repeated crimes during the period of repeated crimes, and the amount of alcohol content is not high, and the Defendant’s age, sex, family relation, circumstances, and consequence of the crime.

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