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(영문) 광주지방법원 2018.12.11 2018고단3400
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 7, 2013, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (drinking) at the Gwangju District Court on January 7, 2013. On July 30, 2012, the same court issued a summary order of KRW 3.5 million for the same crime; on May 20, 2010, the summary order of KRW 3 million for the same crime was issued in the same court; and on February 5, 2007, the summary order of KRW 500,000 was issued in the same court.

[2] Although the Defendant violated the drinking prohibition provision (Article 44(1) of the Road Traffic Act) on at least two occasions, on August 20, 2018, the Defendant driven a DNA car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.215% at the section of approximately 200 meters from the front side of the trade influoral main station located in Gwangju Northern-dong to the front side of the store located in the same Gu C store located in the same Gu.

Although the Defendant violated the drinking prohibition provision (Article 44(1) of the Road Traffic Act) twice or more, on September 28, 2018, the Defendant driven a Dwork or other car under the influence of alcohol content of approximately 0.057% from the 200 meters away from the blood alcohol level to the road of “G” located in Gwangju Mine-gu E at around 22:40, Sept. 28, 2018.

Summary of Evidence

"2018 Highest 3400"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the same type of force), 2018, 4068;

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) (or choice of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable Conditions: this case.

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