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(영문) 광주지방법원 목포지원 2019.05.17 2018고단915

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 29, 201, the Defendant received a fine of 2.5 million won as a crime of violating the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court on August 29, 201, and a summary order of 6 million won as a fine in the same court on February 5, 2014.

【Criminal Facts】

On August 27, 2018, at around 07:00, the Defendant driven B Lastto under the influence of alcohol content of about 2 km from the place in which the Defendant died and died at the time of wood spoke, to the end of the bridge of the Bapo-dong Bapo-si to the road before the end of the bridge.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act prohibition regulations on drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of driving at home, and report on the circumstances of the driver at home;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to the same type of crime records), and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures, despite the fact that the Defendant was punished for the same crime, repeated drinking driving.

However, considering the fact that the defendant recognized the crime of this case and seriously reflects the fact that it is favorable for the defendant, the punishment as ordered shall be determined in full view of all the sentencing conditions shown in the records and arguments, including the amount of blood alcohol concentration, the background leading up to the drunk driving, including the defendant's age, occupation, character and conduct, family relation, etc.