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(영문) 광주지방법원 목포지원 2017.11.28 2017고단1054
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[2] On December 8, 2009, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act, etc. on December 8, 2009; on November 2, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act; on March 22, 2011, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act, respectively; on February 16, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Act (driving), etc. at the Gwangju District Court Branch of the Gwangju District Court; on August 11, 2016, the Busan District Court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving).

[2] On September 15, 2017, the Defendant, at around 22:15, driven a Category B MZ car with alcohol concentration of 0.097% while under the influence of alcohol while under the influence of alcohol, even though the Defendant had at least two times a vehicle driver’s license in the section of about 3km of the same Eup 8:55 payment of the same Eup Myeon from the street in front of the world with 592 U.S. Green of Yong-Gun to the front left of the city apartment.

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. The driver's license ledger (A);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the imposition of sentence under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation requires a strict punishment as well as a serious crime that may lead to the life of a person who is not only the person himself/herself but also another. The Defendant committed the instant crime in the same kind when he/she had been punished eight times due to the same kind of crime, and even if he/she had the record of punishment as a sentence, he/she committed the instant crime in the same manner.

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