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(영문) 광주지방법원 2018.05.31 2018고단1188
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 11, 2006, the Defendant was issued a summary order of KRW 2,00,000 by a fine for a violation of road traffic law at the Gwangju District Court on September 11, 2006, and on June 4, 2010, the Defendant was issued a summary order of KRW 5,00,000 by a fine for a violation of road traffic law at the Gwangju District Court on June 4, 201, and on January 12, 201, the Defendant was issued a summary order of KRW 3,00,000 by a fine for a violation of road traffic law at the Gwangju District Court on January 12, 201, and on August 20, 2015, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, such as where he/she was sentenced to a suspension of six-month imprisonment for a violation of road traffic law (drinking).

On March 27, 2018, while under the influence of alcohol level of 0.084% among the blood transfusion around 22:10, the Defendant driven a 1 km-type car from the Do preceding the china coffee shop in Gwangju Mine-gu to the front road in front of the future child hospital located in Gwangju Mine-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in the judgment: A reply to inquiry, each summary order, and the application of statutes;

1. The following facts are considered: (a) the history of criminal punishment due to drinking driving is six times or more, including the previous conviction on the grounds of sentencing under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts and Article 148-2(1)1 of the Act on the Selection of Punishment of Specific Crimes; and (b) the Defendant is judged to have high risk of repeating the instant crime by committing the instant crime, including committing the instant crime, even though he/she was sentenced to a suspended sentence of imprisonment; and (c) the Defendant’s mistake is recognized; and (d) the degree of alcohol concentration and driving distance during blood transfusion are also considered.

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