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(영문) 광주지방법원 순천지원 2016.07.13 2016고단368
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 26, 2016, the Defendant violated the Road Traffic Act (drinking) on February 26, 2016: (a) cut at the front of a Gu public health clinic located in a school-dong in the southnam-si on February 26, 2016, from around 22:07 to the lower end of the Hasheton-si, and driven a Dok truck, while under the influence of alcohol with approximately 0.054% alcohol concentration in blood, from around 500 meters to the lower end of the Hasheton-si.

2. On March 2, 2016, the Defendant driven the foregoing cargo vehicle under the influence of alcohol with approximately 0.063% alcohol concentration from the water resources construction front of the water resources construction site located in the summer-dong of South and North Korea on March 2, 2016 to the road front of the upstream of the river in the same city, from around 00:30 on March 2, 2016, while driving the said vehicle under the influence of alcohol with approximately 4km alcohol concentration of about 0.063% in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Application of Acts and subordinate statutes to inquire about the results of regulating driving under drinking;

1. Relevant Articles 148-2 and 148-2 (2) 3 and 44 (1) of the Road Traffic Act and the choice of imprisonment, respectively, for the crime;

1. A favorable circumstance is that the alcohol concentration among the bloods with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is relatively low, the support for children is being neglected, and the vehicle can be sold.

However, considering the fact that the defendant is under probation, 5 days after the crackdown on drinking driving, and the fact that he/she continues to drive alcohol with the same vehicle, the defendant needs to be sentenced to a sentence by high risk of recidivism.

In addition, the sentencing conditions shown in the records, such as the defendant's age, sex, and circumstances after the crime, shall be determined as per the disposition.

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