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(영문) 광주지방법원 순천지원 2017.09.15 2017고단937
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 13, 2014, the Defendant was sentenced to a fine of 4 million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net order support on January 13, 201, and the same court on July 22, 2014, for a crime of violating the Road Traffic Act (drinking driving), and sentenced to a suspended sentence of 2 years for the six-month period.

Nevertheless, on May 16, 2017, the Defendant driven B Coin truck under the influence of alcohol concentration of about 0.088% in a section of about 200 meters from May 16, 2017 to 1 in mountain village of the same city from the Hancheon-si Hancheon-si, a hole breabbbb, which is located within the mountain village of the same city, to 1 in mountain village of the same city.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking alcohol and inquiry of the results of crackdown on driving alcohol (the eight pages of evidence records);

1. Previous convictions in judgment: References to inquiries, such as criminal history, inquiries about the results of crackdown on drinking driving (Evidence Records No. 9-11 pages), and application of sentence No. 2 of the judgment;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant with reasons for the sentencing of the provisional payment order shall be sentenced to the punishment as ordered in consideration of all the favorable circumstances, such as the fact that he/she was convicted of driving alcohol three times (one time among them is also a crime of violating road traffic laws (the driver’s licenseless driving)), the distance of driving alcohol is relatively short, favorable circumstances such as the defendant’s misunderstanding of his/her mistake, and other favorable conditions, such as the defendant’s age, occupation, health status, home environment, alcohol concentration in the defendant’s blood alcohol level at the time of the crime, the same criminal record and the time interval between the criminal records and the instant criminal records,

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