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(영문) 광주지방법원 순천지원 2017.12.01 2017고단2185
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On July 25, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the Gwangju District Court’s net support on July 25, 2006, and a fine of KRW 3 million for the same crime in the same court.

On October 10, 2008, the same court has been sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law (refluence of drinking) in the same court.

[Criminal facts] On October 13, 2017, the Defendant driven a bro-car in the state of alcohol alcohol content of about 0.129% at the section of approximately 2 Km of alcohol from the roads around the Incheon-si Office in the Hancheon-si to the new flag distance in the same city of the same city from the roads around 07:18.18.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times the criminal records of a fine due to drinking alcohol driving, the fact that there are many criminal records, the fact that there are many criminal records, the defendant is against himself/herself, and the amount of alcohol concentration in the blood is not high, and the defendant's age, sex, family relation, environment, circumstances and result of the crime, and the circumstances after the crime, etc. are considered as a whole, and the sentence is determined as per the order.

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