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(영문) 전주지방법원 2017.07.18 2017고단664
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On April 5, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jeonju District Court, and was sentenced to a fine of three million won for the same crime on November 9, 2010, and on April 19, 2013, the Jeonju District Court sentenced a fine of three million won for the same crime, and completed the execution of the sentence on July 15, 2014.

Although the Defendant had had a history of driving alcohol twice or more as above, on March 29, 2017, the Defendant driven C Poter Cargo Vehicles with approximately 500 meters alcohol concentration of 0.116% in the direction from the front side to the front side of the previous shares located in the same Gu Jung-dong from the front side to the front side of the previous shares located in the same Gu Jung-gu, Seoul Special Metropolitan City on March 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Article 148-2 (1) 1, Article 44(1), and Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning an inquiry letter, such as criminal history, a copy of an inquiry letter, the status of acceptance by an individual, a copy of the judgment and written indictment, a copy of the judgment and written indictment, a previous conviction and the result of confirmation, and the facts constituting an offense subject to the application of the relevant Act and subordinate statutes;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity was already punished by the Defendant due to drinking over several occasions, and the Defendant was under the period subject to aggravated punishment as a repeated offense at the time of driving of the instant case. In particular, the Defendant was issued a summary order of KRW 7 million as a fine imposed on September 7, 2015 when he had already been under the influence of driving two times or more, when he was under the influence of driving, and was under the influence of driving at a full level of 0.17% during blood and under the influence of driving on September 7, 2015.

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