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(영문) 광주지방법원 순천지원 2017.11.17 2017고단1038
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 21, 2007, the Defendant received a summary order of KRW 2,50,000 from the Seoul Central District Court to a fine for a violation of road traffic laws, and on February 14, 2014 to a fine of KRW 4 million for a violation of road traffic laws, respectively.

피고인은 2017. 5. 31. 22:37 경 혈 중 알콜 농도 0.201% 의 술에 취한 상태로 여수시 화장동에 있는 카스 톡톡 주점 앞 도로에서부터 여수시 선원동에 있는 여 선 중학교 앞 도로에 이르기까지 약 1km 구간에서 B 스포 티지 승용차를 운전하였다.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The punishment shall be determined as ordered by taking into account the following circumstances as the grounds for sentencing of alternative sentence of imprisonment with prison labor, the Defendant’s age, family environment, drinking distance, the previous conviction in the judgment and the time interval between the Defendant and the previous conviction in the instant crime, and the circumstances after the crime.

The favorable circumstances: The defendant's act of committing a crime and reflects his mistake, etc.; the defendant's previous convictions 4 times due to drinking, two times due to driving without a license, and the defendant's blood alcohol concentration is very high at the time of committing the crime in this case.

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