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(영문) 광주지방법원 해남지원 2017.09.07 2017고단246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 13, 2017, the Defendant driven B Poter cargo in the state of alcohol alcohol concentration of about 0.272% from approximately 10 meters from the 10-meter section to the DCR’s front road located in the same Eup/Myeon, from the scarbing place in the POC in the city of Pyeongtaek-gu, Namnam-gu, Namnam-gu, Seoul, Seoul, Seoul, to the day before the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver of a drinking driver, inquiry about the results of crackdown on drinking driving, reply to requests for appraisal, notification of the results of crackdown on drinking driving, and details of crackdown;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment, has a record of being punished twice due to driving under drinking, and the Defendant was sentenced to a suspended sentence once among them.

Even in the above punishment records, the defendant did not recognize the risk of driving drinking again without properly recognizing the risk of driving drinking, and in order to prevent the recidivism of the defendant, a sentence of punishment is inevitable.

In determining a specific sentence, it shall be considered in favor of the defendant's blood concentration in light of the circumstances that are disadvantageous to the fact that the defendant's blood concentration is very high at the time of drinking, the defendant's reflects the defendant, and the driving distance of drinking is not long.

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