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(영문) 광주지방법원 순천지원 2017.08.25 2017고단500
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 23, 2008, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on September 23, 2008, and on April 6, 201, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on April 6, 201.

On March 11, 2017, the Defendant driven a vehicle of 10km B from the 10km section to the roads adjacent to the Council of Mineyang-si, which is located in a two-lane in the opticalyang-si administration in lightyang-si, in the state of alcohol with 0.235% alcohol content among the blood transfusion around 12:10.

Accordingly, even though the defendant was subject to criminal punishment on more than two occasions by driving alcohol, he/she again driven alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Evidence and photographs of the traffic accident scene;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to a copy of a summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, family environment, the same criminal record and the time interval between the Defendant’s criminal records and the instant criminal records, and the circumstances after the instant criminal act, shall be determined as indicated in the Disposition above, taking into account the following circumstances.

The favorable circumstances: The defendant recognized the crime of this case and reflects the defendant: The defendant has the same force three times (one time among them is limited to driving without a license) and the non-licensed driving is also one time, separately, the defendant's blood alcohol concentration is very high at the time of the crime of this case, the distance of the defendant's driving of drinking is considerably high, and the damage to property due to a traffic accident caused by the defendant's driving of drinking.

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