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(영문) 광주지방법원 순천지원 2020.04.23 2020고단427
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[207] On February 20, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1.5 million for the same crime at the Suwon District Court on February 13, 2009, and a fine of KRW 3 million at the same court on April 3, 2009. On June 5, 2009, the same court was sentenced to a summary order of KRW 3 million for the same crime. On June 1, 2009, the Defendant was sentenced to a suspended sentence of 6 months for the same crime of violation of the Road Traffic Act. On June 16, 2009, the Defendant was issued a summary order of KRW 3.5 million for the same crime at the Incheon District Court on June 16, 2009, and the above judgment and the summary order became final and conclusive around that time.

On January 10, 2020, at least 22:55, the Defendant: (a) driven an E rocketing car with the blood alcohol concentration of about 0.137% at a distance of about 500 meters from the front of the main line in front of the B apartment around the D Hospital located in the same city C to the front of the D Hospital located in the same city; and (b) violated the prohibition of drunk driving more than twice.

[200 Godan464] On Jan. 10, 2020, the Defendant: (a) expressed that “I see this spaw w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the duty of regulating drinking driving.

Summary of Evidence

[200 Highest 427]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to summary orders, etc.), summary orders, etc. (20 highest 464);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article of the Act on the Crime, Articles 148-2(1) and 44(1) of the Road Traffic Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Road Traffic Act, the choice of imprisonment with prison labor, respectively.

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