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(영문) 광주지방법원 목포지원 2017.08.11 2017고단442

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 25, 2014, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law (drinking driving), etc. in the Gwangju District Court's wooden branch on June 25, 2014, and on August 13, 2015, the Defendant was punished for a violation of road traffic law (drinking driving) on at least two occasions by imprisonment with labor for a period of one year after suspension of the execution of six months on August 13, 2015.

1. On March 15, 2017, the Defendant driving on an expressway under the influence of alcohol with approximately 0.057% alcohol concentration in blood at a section of about 10km from the road in front of the “market in which a new wall is taken” located in the center of Wonsan at the time of wooding around 05:30 on March 15, 2017 to the subordinate point of the coast of the expressway dead end in the Donan-gun in the southan-gun of the Donando.

2. On March 15, 2017, the Defendant driven B rocketing car while under the influence of alcohol content of about 0.057% in blood at a section of approximately 3 meters in order to park on the front of the C Apartment at a wooden city around 06:40 on March 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of Part III of the Summary Order, such as notification of the results of regulating drinking driving, investigation reports, field photographs, criminal history, etc. (A), one copy of the judgment, and the inquiry;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though having already been punished several times, including the suspension of the execution of imprisonment due to the same kind of crime; (b) on the other hand, the Defendant recognized the instant crime and reflects it; (c) the alcohol concentration in blood at the time is not significantly high; and (d) the situation where the Defendant must support his/her family including young children.