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(영문) 전주지방법원 2018.01.30 2017고단2055
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a violation of the Road Traffic Act (drinking driving), a fine of KRW 2.5 million on July 22, 201, and a fine of KRW 4 million on June 7, 2016 at the Jeonju District Court, respectively.

However, on October 19, 2017, the Defendant driven CMW car at approximately 200 meters from the front road of the Jinjin-gu Seoul Metropolitan City, Seo-gu, Jeon-gu, Seoul, to the front road of the 7,000-ro 7,000 river of the same city, while under the influence of alcohol leveling 0.092% of the alcohol level among blood transfusions.

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. 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment causes a traffic accident which causes the death of a victim on March 28, 2009, and the same year as a result thereof.

5. 8. 8. Punishment of a fine of KRW 10 million was imposed on the Defendant who had such previous convictions, and the Defendant, who had such previous convictions, should make efforts to prevent the occurrence of an accident while driving a motor vehicle, but thereafter, was punished by a fine of KRW 2 times or a fine, and even if such punishment was imposed, the Defendant committed the instant crime. In light of such traffic accident and the history of driving a motor vehicle, etc., the Defendant seems to have very lacking awareness of the safety driving of the motor vehicle, and thus, the Defendant is sentenced to a severe punishment, taking into account the following circumstances: (a) the Defendant’s age and occupation, living environment, and alcohol level during blood and driving distance at the time of crackdown, etc., and thus, the Defendant is sentenced to the above punishment as above, by taking into account the above circumstances.

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