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(영문) 광주지방법원 순천지원 2017.11.10 2017고단1247
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On October 5, 2011, the Defendant was issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s support on October 5, 201, and a fine of KRW 4 million for the same crime from the Gwangju District Court’s Netcheon Branch on July 12, 2013, respectively. On May 20, 2015, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the same crime, etc. in the Gwangju District Court’s Netcheon Branch on May

On June 13, 2017, the Defendant driven GMW320d vehicles with approximately 100 meters alcohol concentration at approximately 0.139% while under the influence of alcohol on the front side of D, which is located in W, Net City C, from around 02:05 to the front side of F cafeteria in W, city E.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Investigation report (to have an acting driver I telephone conversations);

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. A CD;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, two copies of summary order, and one copy of the judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, including the following circumstances, and the Defendant’s age, health status, family environment, alcohol density in the Defendant’s blood at the time of committing the crime, the time difference between the previous conviction and the instant crime, the motive and circumstance of the crime, and the circumstances after committing the crime, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances: The defendant acknowledges and reflects a crime, and the distance of driving under the influence of alcohol is short, etc.; the defendant has three previous convictions due to driving under the influence of alcohol (one time of driving without a license) and the previous convictions due to driving without a license; the defendant does not have one month after the expiration of the suspended period due to the same crime; the defendant once driving under the influence of alcohol; the risk of driving under the influence of alcohol is realized; and the one and the other are installed.

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