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(영문) 광주지방법원 목포지원 2020.04.02 2019고단1567

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 28, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s wooden branch on April 28, 2010, and was sentenced to a suspended sentence of two years for a year at the Gwangju District Court on October 31, 2013.

Nevertheless, around 01:40 on December 5, 2019, the Defendant driven a F X-ray car in the state of alcohol alcohol concentration of about 300 meters from the front of the road located in the Yanan-gun, Chungcheongnam-gun, Seoul, to the front of the road located in the E-ray, Yan-gun, Seoul, with approximately 00 meters alcohol concentration of about 0.168%.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Application of Acts and subordinate statutes to report internal accidents, reports on internal accidents, criminal records, etc. and reports on criminal investigations (a) and reports on criminal records, etc. submitted by a suspect;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The sentencing of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was punished for driving under the influence of alcohol on several occasions for the reason of sentencing, and even if the person had already been subjected to a suspended sentence, he/she again driven under the influence of alcohol, and the degree of blood alcohol concentration is also high, so it is inevitable to pronounce a sentence.

However, in consideration of the distance and circumstances of drinking driving, the family environment of the defendant, and all other circumstances, the punishment as ordered shall be determined.