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(영문) 전주지방법원 2017.12.26 2017고단2218
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 31, 2008, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (drinking driving) in the Daejeon District Court’s Hongsung Branch on March 31, 2008, and a fine of KRW 3.5 million due to the same crime, etc. at the Jeonju District Court on April 22, 2010.

Although the Defendant had a record of driving a drinking not less than twice, the Defendant had such a record;

1. On August 14, 2017, at around 21:30, driving D A8-A-A-A-A-A-A-A-A-h-h-h-h-h-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

2. 2017. 9. 16. 14:35 경 전주시 완산구 견 훤 로 100에 있는 기린 봉아파트 앞 도로에서 부터 전주시 덕진구 한 배미 2길 29 앞 도로에 이르기까지 혈 중 알코올 농도 0.232% 의 술에 취한 상태로 약 150m 구간에서 제 1 항 기재 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating driving of alcohol;

1. Selection of a sentence provided for in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding the facts constituting an offense subject to the relevant Act and subordinate statutes, such as a written reply to inquiries about criminal history, etc.;

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. In addition, the reason for sentencing under Articles 53 and 55(1)3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), the Defendant had already been punished several times by a fine due to drinking driving, etc., as well as the Defendant had already been punished by a fine. On January 11, 2012, around ten (10) years of suspension of the execution and two (2) months of imprisonment due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), even if he/she was sentenced to a probation, and on two (1) months of drinking in very serious condition, and other circumstances, including the Defendant’s age and occupation

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