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(영문) 전주지방법원 남원지원 2017.07.25 2017고단104
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) with the support of the Southern District Court of the Jeonju on September 18, 2009, and on May 31, 2011, the Defendant was sentenced to a suspended sentence of two years for a period of eight months due to a violation of road traffic law in the same court.

On May 25, 2017, while under the influence of alcohol content of 0.217% during blood transfusion around 18:20, the Defendant driven a vehicle of approximately 8km in the section from before the Defendant’s house located in the former Northern-gun B to the front road of the Korea Military Center located in the same military net Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness's written statement;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, investigation report Acts and subordinate statutes;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing), and other conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances.

- The Defendant has the power to refuse to separately measure drinking, or to drive drinking, in addition to twice drinking, which serves as a constituent element of the instant case.

B. Along with the fact that the sentence of suspended execution was imposed as stated in its reasoning, the crime of this kind was committed, but it became final and conclusive on April 28, 2015 by the branch court of the Jeonju District Court and the branch court of the suspended execution.

Nevertheless, the Defendant committed the instant crime. - At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is very high.

In addition, the defendant seems to have been driving a vehicle considerably dangerously.

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