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(영문) 광주지방법원 목포지원 2018.08.10 2018고단446

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

[criminal history] On October 27, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Branch on February 24, 2010; the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerous Death and Injury caused before the death) at the Gwangju District Court's Branch on February 24, 2010; on December 5, 2012, the Defendant was sentenced to three months of imprisonment for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court's Branch on April 15, 2015; and completed the execution of the sentence on January 12, 2016.

[2] On March 22, 2018, the Defendant driven Csch Rexroth car under the influence of alcohol at approximately 0.141% of alcohol concentration from the 1km section to the fishery road in front of the Dong Sea, which is located in the annual standard 00:00 Sinpo City, in front of the Sinpo City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same records as the suspect and the fact that the person is a repeated crime, etc.);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are pursuant to the Defendant’s confession and reflects the instant crime, but not only has the record of criminal punishment several times due to the same kind of crime, such as the record of the instant crime, but also has the record of criminal punishment several times due to the same crime, repeated driving of the instant drinking even during the period of repeated offense due to the same crime, and the Defendant’s blood alcohol concentration, etc., as a whole, determine the sentence as indicated in the text of the sentence.