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(영문) 광주지방법원 순천지원 2018.04.13 2017고단2937
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 9, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on January 9, 2017. On December 28, 2017, the Defendant was not detained due to a crime of violating the Road Traffic Act (drinking) at the same court on December 28, 2017, and has the record of violating Article 44 (1) of the Road Traffic Act at least twice.

On December 7, 2017, at around 22:55, the Defendant driven B-low motor vehicle under the influence of alcohol content of 0.125% while under the influence of alcohol without obtaining a driver’s license from around the same 500-meter section from the Do in front of the non-exclusive restaurant in the light-si city to the front of the same 500-meter well-known apartment.

On December 5, 2017, the Defendant: (a) from the roads near the Kanyang-si, the Ganyang-si, 23:15 on December 5, 2017, the Defendant driven Bho-do car under the influence of alcohol concentration of about 1km from the 1km section to the road front of the Kanyang-dong, among the amount of light in the same city-dong around the same time, while under the influence of alcohol concentration of about 0.12% without a driver’s license.

Summary of Evidence

"2017 Highest 2937"

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and inquiries about the results of crackdown on drinking driving (2018 Height 285 case) "2018 Height 285";

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 the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), Article 148-2 (2) 2, Article 44 (1), and Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 is that the Defendant committed a second offense on December 5, 2017, even though he/she was under influence by drinking on December 5, 2017, and that the amount of alcohol concentration during blood is not lowered.

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