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(영문) 광주지방법원 목포지원 2017.09.12 2017고단777

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

【The Defendant issued, on July 30, 2007, a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s application, and on November 10, 201, a summary order of a fine of four million won for a crime of violating the Road Traffic Act in the same court on November 10, 201. On August 26, 201, the Gwangju District Court was sentenced to a suspended sentence of six months for imprisonment for a violation of the Road Traffic Act.

【Criminal facts” around 19:00 on June 20, 2017, the Defendant driven B mp truck under the influence of alcohol leveling 0.267%, while under the influence of alcohol leveling 0.267%, from the front of the cafeteria cafeteria, which was located in 243, Namnam-gun, Youngnam-gun, Seoul, to the front of the 75th day of the same page.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction in the judgment: Application of the summary order of approximately 2007 high-class 4666 of Gwangju District Court Decision, summary order of approximately 7010 high-class 2010 high-class 7010 high-class b010 high-class 2010 high-class 201 high-class 54 high-class 201 high-class 201 high-class 201 high-end

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 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances are considered as favorable to the Defendant: (a) the Defendant committed the instant crime even though the Defendant had been punished several times for the same kind of crime; (b) the Defendant’s blood alcohol concentration was considerably high; (c) the Defendant recognized the instant crime; and (d) the Defendant committed the instant crime; and (c) the Defendant did not have any record of punishment for the same kind of crime since 2011.