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(영문) 광주지방법원 순천지원 2019.06.14 2019고단967
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On June 7, 2007, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 7, 2007, and on June 3, 2008, the Defendant was sentenced to a summary order of a fine of three million won for the same crime in the same court on July 10, 2009, sentenced to a suspended sentence of eight months for the same crime in the same court on July 23, 2009. On April 23, 2010, the Defendant was sentenced to a fine of five million won for the same crime in the Gwangju District Court's net support on July 5, 2012, sentenced to a suspended sentence of one year for the same crime, sentenced to imprisonment of one year for the same crime in the same court on October 17, 2013, sentenced to imprisonment for the same crime in the same court on June 23, 2015 and completed the enforcement of the Road Traffic Act (hereinafter referred to the same sentence).

【Criminal Facts】

On April 17, 2019, at approximately 500 meters, the Defendant driven a F typ car while under the influence of alcohol content of about 0.120%, from the section of approximately 500 meters, to E located in Mineyang City B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records: Criminal records and other inquiries, investigation reports (the fact of convict, previous records and confirmation), net thousand assistance 2015Kadan2011, nine copies of the judgment, including the court records, and the application of Acts and subordinate statutes on the personal confinement status;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished several times for the same kind of crime, in particular, the Defendant committed the instant crime during the period of repeated crime due to the same crime, and that the vehicle driven by the Defendant was discovered due to an accident that leads to the right side of the road.

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