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(영문) 광주지방법원 목포지원 2012.08.30 2012고합127

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a suspended sentence of ten months on January 17, 2008 by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Cheongju District Court Support on January 17, 2008, and the judgment was finalized on July 3, 2008 due to a violation of the Road Traffic Act, etc. at the same court, which was under the suspended sentence, and thus the sentence of the suspended sentence was invalidated. The remaining period of the suspended sentence was expired on June 30, 2009 and released on June 30, 2009. < Amended by Act No. 9534, Aug. 3, 2009>

【Criminal Facts】

On June 5, 2012, at around 01:05, the Defendant driven B truck under the influence of alcohol content of approximately 0.161% from the 1k section of alcohol alcohol content to the front of the citizen playground in the same city interesting Dong from the gran Fri-dong, a permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent permanent residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records and other inquiry reports, investigation reports (former records and confirmation reports), judgment, investigation reports, and personal identification records to Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant again commits the instant crime during the period of repeated crime despite the fact that he/she had been punished for a violation of the Road Traffic Act through several times, and that the blood alcohol content is 0.161% and the numerical value is relatively high, etc., the Defendant shall be sentenced to a sentence.

However, considering the fact that one's mistake is divided and reflected, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, motive and means of the crime, results, and circumstances after the crime, the punishment as ordered shall be determined.