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(영문) 광주지방법원 목포지원 2018.11.30 2018고단873

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

On February 15, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 15, 2012, and was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 10, 2012.

On August 16, 2018, at around 23:40, the Defendant driven a benz GL350 car in the state of alcohol alcohol concentration of approximately 0.087% from the 1km section to the front road of the benz, which is located along the coast of Sinpo City, from the day before the hotel is kept along the coast of Sinpo City on August 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Making teas;

1. Previous conviction: Application of Acts and subordinate statutes that inquire about criminal history;

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, has been convicted of having been sentenced to a fine due to driving of drinking, but the accused has the time to commit a crime, has the intention to repent and not drive a drinking again;

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.