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(영문) 광주지방법원 목포지원 2018.01.19 2017고단1076

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On August 10, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and the above court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) on October 14, 2015.

On July 16, 2017, around 04:40, the Defendant driven a car with E Car with alcohol content of 0.121% in blood while under the influence of alcohol from approximately 1km to the first apartment distance in a new house equipped with a new house located under the jurisdiction of the Yapo-si Office in Shapo-si, Gapo-si.

Accordingly, the Defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, driven a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as notification of the results of drinking control, CtV on-site photographs, summary orders, criminal history, etc.;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime and Articles 148-2 (1) 1 and 44: Selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant recognized the instant crime and reflects the fact that he/she is currently supporting his/her family; (b) on the other hand, the Defendant had been punished several times for the same kind of crime; (c) the Defendant was sentenced to a suspended sentence due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) and committed again the instant crime without taking the sentence even during the suspended sentence; and (d) the alcohol concentration in blood at the time also reaches a considerable amount of value; and (e) the Defendant committed the instant crime without taking into account the circumstances that are disadvantageous to