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(영문) 전주지방법원 2017.07.11 2017고단373
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of three million won for a crime of violating the Traffic Act on December 9, 2010, a fine of five million won for a crime of violating the Road Traffic Act on January 16, 2014, a fine of five million won for a crime of violating the Road Traffic Act on January 16, 2014, a fine of five million won for a crime of violating the Road Traffic Act on July 18, 2014, and a crime of violating the Road Traffic Act on December 19, 2014, respectively.

However, on February 14, 2017, the Defendant, while under the influence of alcohol 0.080% during blood transfusions, driven Bho-do car from the front side of any restaurant located in the Taejin-gu Seoul Metropolitan Government (Seoul Metropolitan Government) to the front side of the same Gu recommendation, from around 1km to the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act, the choice of punishment for an inquiry about an offense subject to the relevant Acts and subordinate statutes, such as criminal history, etc., and the selection of a sentence of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is the criminal record for which the defendant had already been punished four times due to drinking. In particular, on December 2014, the defendant was sentenced to a suspended sentence of eight months by imprisonment due to drinking driving, etc., two years by probation, a community service order and an order to attend a lecture was issued, and since 2014, the defendant kept the same automobile from the year 2014 to the instant case and continued driving without a license and drinking, and other various circumstances such as the defendant's age and occupation, living environment, and driving distance by blood alcohol level at the time of crackdown, etc.

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