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(영문) 광주지방법원 해남지원 2019.01.10 2018고단368
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 23, 2006, the Defendant received a summary order of KRW 600,000 for the crime of violation of the Road Traffic Act in the Gwangju District Court's support on March 23, 2006, a summary order of KRW 1 million for the same crime in the same court on December 8, 2009, and a summary order of KRW 3 million for the same crime in the same court on May 9, 2014, respectively.

【Criminal Facts】

1. On September 20, 2018, even though the Defendant had been punished twice or more due to drunk driving, on September 20, 2018, around 00:47, while under the influence of alcohol at least 0.132% of alcohol level, the Defendant operated E-wing truck within the 8km section of approximately 8km to the Defendant’s residence located in D on the front of the Criju station located in Jindo-gun, Jindo-gun, 2018.

2. On October 1, 2018, even though the Defendant had been punished twice or more due to drunk driving, the Defendant operated the e-wing truck within the 8km section of approximately 8km to the Defendant’s residence in the front of the G Party located in Jindo-gun F, Jindo-gun, while under the influence of alcohol at least 0.123% of alcohol level on October 1, 2018, while under the influence of alcohol level around 22:40%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. The circumstantial reports of each drinking driver, the circumstantial statements of each drinking driver, and the investigation reports (the circumstantial reports of the drinking driver);

1. Inquiries about the results of crackdown on drinking driving;

1. On-site photographs and photographs of detection of drunk driving;

1. Each report on internal investigation:

1. Previous record: Application of a reply to inquiry, such as criminal records, and a copy of each summary order;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

1. From among concurrent offenders, the reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act refers to a crime involving the heavy risk of many people.

The defendant is subject to a warning of the risk of drunk driving through a fine on several occasions, and the defendant is again subject to a new judgment.

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