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(영문) 광주지방법원 해남지원 2017.10.19 2017고단318
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 20, 2013, the Defendant was sentenced to a fine of one million won as a violation of road traffic law (drinking driving) in the branch office of the Gwangju District Court on March 20, 2013, and on July 17, 2017, the Defendant was sentenced to a summary indictment of a fine of three million won as a same crime at the branch office of the Gwangju District Public Prosecutor's Office on July 2017

[Criminal facts]

1. On July 26, 2017, the Defendant driven an E Car in the section of about 16 km to the front of the D restaurant located in the south-dong of the Jindo-gun, Jindo-gun at the 0.102% alcohol concentration in the blood, around July 26, 2017, while under the influence of alcohol at around 09:25, the Defendant driven the E Car in the section of about 16 km to the front of the D restaurant located in the same military C.

2. On July 28, 2017, the Defendant driven the said car at a section of about 3 km up to the G multilateral road located in the same military F on the front of the said D cafeteria while under the influence of alcohol content of at least 0.089% during blood transfusion around 03:49.

3. On August 10, 2017, the Defendant was under the influence of alcohol content of 0.070% in blood at around 15:00, the Defendant driven a H-wing truck at the 16km section in front of the said D cafeteria via the Jindo Police Station located in Jindo-gun in the front of the said D cafeteria, thereby driving again the H truck at the 16km section before the D cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Four copies of a schedule of time calculation, such as a report on the circumstances of driving each week, a report on the circumstances of the driver of each week, a report on the results of regulating the driving of drinking, an inquiry about the results of regulating the driving of drinking, and

1. Investigation reports related to driving of alcohol, investigation reports (report on the situation of the driver in charge) and investigation reports (the details, etc. of regulating the driving of the suspect in drinking);

1. Records of previous conviction and drinking records: (A) a statement of inquiry, such as criminal history, a statement of confirmation of previous conviction of the disposition, a report of investigation (Attachment of a copy of forwarding, etc. of the case), a statement of case transfer and written opinion, a statement of inquiry of the relevant case, a summary order, a statement of inquiry of the case, and a statement of oral summary indictment shall be applied to the Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.

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