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(영문) 광주지방법원 순천지원 2017.09.15 2017고단331
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 25, 2017, the Defendant driven CM5 car under the influence of alcohol at approximately 0.198% (the result of blood collection) of alcohol content in the portion of about 10km from the 10km away from the 04:00 Manyang-si to the 20th road, in the middle of Manyang-dong.

2. The Defendant, on November 4, 2014, was issued a summary order of KRW 3,00,000 as a crime of violating road traffic law in the Gwangju District Court’s Netcheon Branch on November 4, 2014, and on February 24, 2017, the Defendant was detained as a crime of violating road traffic law (drinking) and is currently pending in the trial.

On April 7, 2017, the Defendant, without a driver’s license around 06:50, driven CM5 vehicles at approximately 10 meters from the front of the “Pungp square”, which was in the original form of a Sinpo City, under the influence of alcohol content of 0.167% during blood, to the front of the “Sinbner Sh” road located in the Sinpo City’s white year.

Accordingly, the Defendant, while driving a motor vehicle without a driver's license, was in violation of the prohibition of drinking at the same time, and driving a motor vehicle under the influence of alcohol again in violation of the above provision.

Summary of Evidence

"2017 Highest 331"

1. Statement by the defendant in court;

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

1. "Written reply to a request for appraisal" 2017 Highest 1061;

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. On-site photographs;

1. References to inquiries, such as criminal history, copies of a summary order, copies of indictment, and the application of the relevant Acts and subordinate statutes on evidence of the case No. 331 of order 2017;

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of drinking on January 25, 2017), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of drinking on April 7, 2017), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( April 7, 2017)

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