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(영문) 광주지방법원 목포지원 2018.07.09 2018고단345

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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 24, 2012, the Defendant was sentenced to a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on April 24, 2012, and a fine of KRW 2 million in the same court on January 25, 2017, and was sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) on at least two occasions.

On April 17, 2018, the Defendant driven B knife vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.079% in blood, from the front of the first apartment house in the Mapo-si, Mapo-si, Mapo-si, Mapo-si, to the front of the Mapo-si, Mapo-si, Mapo-si, Mapo-si.

As a result, the Defendant had been punished more than twice due to a violation of the Road Traffic Act (drinking driving), but has driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report of the driver who is placed in driving, inquiry into the results of crackdown on drinking driving, and investigation report (the circumstantial report of the driver who is placed in driving in driving);

1. (A) An inquiry about criminal history, etc., and the application of Acts and subordinate statutes to inquire about the results of crackdown on drinking driving;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's repeated driving of drinking alcohol: The circumstances that are favorable to the defendant: the defendant's repeated driving of drinking alcohol; the fact that there is no record of punishment exceeding the fine; and the decision of the sentence that there are family members to support: the above circumstances and the defendant's age, sex, career, home environment; the motive and means of the crime; the sentencing conditions specified in the arguments of this case, including the circumstances after the crime, shall be determined as per the order, taking into account all the circumstances.