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(영문) 광주지방법원 목포지원 2016.12.15 2016고단1258

도로교통법위반(음주운전)

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

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

Reasons

Punishment of the crime

The Defendant received each summary order of KRW 500,000,000,000,000 from the Gwangju District Court's wooden branch as a crime of violation of the Road Traffic Act (driving). A fine of KRW 500,000 was imposed on December 10, 204, a fine of KRW 2 million on February 5, 2007, and a fine of KRW 4 million on June 5, 2012.

At around 20:30 on September 8, 2016, the Defendant driven B-low-income vehicle under the influence of alcohol level of about 0.097% in a section of about 4 km and alcohol level to the front road of the Central Park in the Do in the Do in the Do in which it is impossible to know the trade name in the lower Donpo-dong at Sinpo-si.

As a result, the defendant, who had driven a motor vehicle more than twice, was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

1. Relevant Acts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended in consideration of the circumstances such as the fact that there is no record of punishment exceeding a fine for the same kind of crime with the reason of sentencing under Article 62-2 of the Criminal Act, the execution of a sentence shall be suspended, but the fact that there is a possibility of re-offending, etc. shall be determined as the sentence as shown in the order