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(영문) 광주지방법원 순천지원 2017.10.18 2017고단1507
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 30, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on April 30, 2012, and a fine of KRW 2.5 million for the same crime in the same court on April 3, 2013, respectively.

1. On June 25, 2017, the Defendant: (a) driven a Ch-h-h-h-h-h-h-h-h-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-

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.

2. On July 27, 2017, the Defendant 1734, around 16:20, the Defendant driven a motor vehicle dived from the parking lot at a fluent mountain place located in the Gyang-si in the Ganyang-si (An area in the Ganyang-si) to the lag-ro road located in the Ganyang-si (an area in the Ganyang-si), under the influence of alcohol leveling 0.141% of the alcohol level among blood transfusions.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a written summary order "2017 Heights 1507";

1. Statement by the defendant in court;

1. Inquiries about the circumstantial statements of drivers of drinking alcohol and the results of crackdown on drinking alcohol driving "2017 Height 1734";

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of photographic Acts and subordinate statutes (a form of stopping a suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Traffic Act (the point of drinking) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the Defendant’s age, family environment, and drinking distance.

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