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(영문) 광주지방법원 순천지원 2017.10.12 2017고단887
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 15, 2010, the Defendant issued a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on September 15, 2010, and KRW 5 million as a crime of violation of the Road Traffic Act (drinking driving) in the same court on May 10, 2016.

On April 23, 2017, the Defendant driven a B non-use car without a driver’s license, from around 500 meters section to around 0.079% of alcohol content in blood, from the 500-meter section, at around 23:50 to the road in the same city-based scambling-dong.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a record of driving a motor vehicle at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of Acts and subordinate statutes of two copies of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On November 23, 2016, the Defendant: (a) was sentenced to imprisonment for six months for a violation of road traffic law (unlicensed driving) at the net support of the Gwangju District Court on November 23, 2016; and (b) committed the instant crime during the suspension period; (c) the Defendant was sentenced to imprisonment for six months for a violation of road traffic law; and (d) the instant case is inevitable to be sentenced to imprisonment during the third alcohol driving period.

However, in consideration of the defendant's age, environment, driving background, drinking volume of this case, and the fact that the crime is divided, the punishment shall be determined as per the order.

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