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(영문) 광주지방법원 목포지원 2017.02.17 2016고단1592

도로교통법위반(음주운전)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on January 15, 2015, the above court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving).

On November 21, 2016, the Defendant driven B taxi under the influence of alcohol content of about 2 km from around 07:40 to the parking lot for the “new apartment for keeping,” located in the same Dong from the front of the “Jin Mart,” which is located in the Simpo-si, Simpo-si, Simpo-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, inquiry about criminal history, etc. (A), and application of Acts and subordinate statutes of investigation report (verification of suspect driving record);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;