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(영문) 광주지방법원순천지원 2020.11.11 2020고단2093
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 18, 2008, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on December 18, 2008, and a summary order of KRW 2.5 million for the same crime in the Gwangju District Court’s wooden Branch on September 24, 2014.

【Criminal Facts】

On July 25, 2020, at around 23:25, the Defendant driven a ep-car in the state of alcohol alcohol concentration of about 0.293% from the 5km section to the front of the “C” main point in Net City B, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Criminal records as indicated in the judgment: Application of inquiry report on criminal records, etc. and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation recognizes the instant crime, and the circumstance in which the Defendant, in turn, does not repeat the instant crime again, and appeals against the prior action is recognized.

However, on the day of the instant case, the Defendant’s blood alcohol concentration level is not only 0.293% high, but also the Defendant was driving in a dangerous manner in the shape of passing along the lane, and the vehicle following it was reported to and controlled by the police. Such an act of the Defendant may cause serious human life accidents, and thus, it is not good to commit a crime.

Furthermore, inasmuch as the Defendant had three times or more penalties for the same violation of the Road Traffic Act even before the instant case, the possibility of criticism against the Defendant is extremely high, and the responsibility is also heavy, and thus, a sentence of punishment is inevitable.

Other society caused by drinking driving.

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