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(영문) 광주지방법원 순천지원 2018.06.28 2018고단697
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law at the Gwangju District Court on April 25, 2007, and was sentenced to 6 months of imprisonment with prison labor due to a violation of road traffic law at the net support of the Gwangju District Court on June 10, 2009. On November 10, 2010, the defendant was sentenced to 6 months of imprisonment with prison labor due to a violation of road traffic law at the Seocheon Branch of the Gwangju District Court on November 2010.

[2] On March 16, 2018, the Defendant driven BM5 vehicles under the influence of alcohol content of about 0.216% from the blood alcohol level at approximately 2 km to the road before the 197 Modern Automobile Service Center, from the Do in front of the influent main point of the trade name around the Geumcheon-si, Geumcheon-si. In light of the foregoing, the Defendant driven BM5 vehicles under the influence of alcohol content of around 0.216%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation reports (not less than five times prior to drinking);

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. In light of the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of volume, even though the Defendant had already been punished several times due to driving of alcohol, and even though he/she had already been punished several times due to driving of alcohol, it is inevitable to sentence sentence, considering that the Defendant has a high alcohol level while driving of alcohol, and that it is very high alcohol level.

However, considering the fact that the defendant is led to confession and reflect, the fact that the defendant does not repeat the crime, the age, sex behavior, environment, family relationship, motive and consequence of the crime, and other various circumstances shown in the arguments of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.

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