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(영문) 광주지방법원 목포지원 2016.11.10 2016고단1077

도로교통법위반(음주운전)

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

The Defendant received each summary order of KRW 70,000,000,000,000,000 from the Gwangju District Court's wooden Branch as a crime of violation of the Road Traffic Act ( sound driving), fine of KRW 70,000 on December 30, 208, fine of KRW 1.5 million on October 27, 2010, and fine of KRW 2 million on November 3, 2010.

On August 28, 2016, at around 22:30, the Defendant driven B Poter Cargo Vehicles with approximately 0.144% alcohol concentration at approximately 1km from the road front of the youth station located in the same city as the Fluter, prior to the Fluter, in front of the Fluter Office located in the Fluter Sea at the same time.

As a result, the defendant, who had driven a motor vehicle more than twice, was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and inquiry into the enemy;

1. Previous convictions in judgment: Inquiries and inquiries and the application of Acts and subordinate statutes on investigation reports (verification of the same type of suspect records);

1. Relevant Acts of crime, 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 execution of a sentence shall be postponed on the condition of probation and compliance driving lecture taking into consideration favorable circumstances, such as the fact that Article 62-2 of the Criminal Act provides relatively high level of alcohol content for sentencing, the fact that the previous conviction of a fine due to driving is four times in total, and there is no penalty penalty exceeding a fine, in particular, there is no particular criminal record for the last six years, and that there is no error in the past, and in particular, it reflects wrong