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(영문) 광주지방법원 목포지원 2016.12.16 2016고단1299

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 23, 2016, at around 22:20, the Defendant driven B A635 TID car in the state of alcohol alcohol 0.117% (blood appraisal value) from the 1km section to the front road of the sewage treatment plant in the same city of Southern-ro on the roads near the port of Sinpo City.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. The grounds for sentencing of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime of this case shall be considered in light of the favorable circumstances where the defendant recognized the crime of this case and appears to be light against the nature of the crime of this case.

On the other hand, the fact that the defendant's blood alcohol content at the time of committing the crime of this case is a depositee with a significant alcohol content, the defendant has already been punished several times for the same kind of crime, and in particular, the defendant was sentenced to a suspended sentence of imprisonment twice due to a traffic accident due to a drunk driving, and the defendant committed the crime of this case without being sentenced to a suspended sentence of imprisonment for the last time.

In addition to each of the above sentencing grounds, it is decided as per Disposition by comprehensively taking into account the following circumstances, including the defendant's age, character and conduct, family relation, environment, circumstances after the crime, and result, etc.