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(영문) 춘천지방법원 강릉지원 2017.08.29 2017고단777
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On June 21, 2017, the Defendant is under the influence of alcohol with 0.063% in blood and under the influence of alcohol during the same year.

7. 6. There are records of the same kind charged by the Daegu District Public Prosecutor's Office's Office as a crime of violating road traffic laws;

1. On June 22, 2017, the Defendant, at around 19:45-20:10 on June 22, 2017, driven a new car under the influence of alcohol leveling to about 0.05% from the D cafeteria’s front parking lot located in C, to the 3-Gu 7-Gu 3-Gu 7-Gu 3-Gu 7-gu 7-gu 7-gu 3-gu 3-gu 7-gu 3-gu 7-gu 3-gu 3-gu 7-gu 7.

2. On June 27, 2017, the Defendant: (a) driven a H body-man car at a level of about 300 meters alcohol concentration from the street in front of the Ulsan-do cafeteria cafeteria cafeteria, which is located in the limit of 496, 300, to the G hospital parking lot located in the same city F; and (b) driven a H body-man car at around 0.138% while under the influence of alcohol level from the blood level to the G hospital parking lot located in the same city F.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, even though the Defendant had a two-time driving power.

Summary of Evidence

1. Statement by the defendant in court;

1. An initial report on the occurrence of each traffic accident;

1. Reports on each traffic accident;

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

1. Statement on the circumstances of the driver at each driving school;

1. Photographss by capturing a video at the time of each accident;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Investigation report (6. 22. In relation to the concentration of alcohol while driving his/her own alcohol);

1. Application of Acts and subordinate statutes to investigation reports (verification of the result of disposition);

1. Relevant Article of the Act and Articles 148-2 (2) 3, 44 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act on the reduction of the amount of punishment is that driving under the reason for sentencing is a large accident and may cause large harm to unspecified persons, and thus, the risk is very high, and the defendant is not guilty and the defendant three times for seven days.

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