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(영문) 광주지방법원 목포지원 2016.05.17 2016고단175
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 6, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 2 million for the same crime in the same court on June 29, 2010, and the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on December 12, 2013.

On February 18, 2016, the Defendant driven a B Spo-type car under the influence of alcohol content of approximately 0.125% from the front of the apartment site, which was desired to move in the king-si, Manpo-gun, Manpo-gun, Manpo-gun, Seoul, to the front of the kingsan-ri, Mansan-gun, Manpo-gun, Seoul, Mapo-gun, with approximately 5km alcohol content of around 0.125%.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and making inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (formers and attachment of judgment) and statutes;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the defendant committed the instant crime even though he/she had a record of multiple penalties, including the record of punishment of suspended sentence, for the same kind of crime, and it is inevitable to punish the defendant significantly.

However, considering the circumstances favorable to the defendant that the defendant recognized the facts charged of this case and reflected in the facts charged, other factors of sentencing, such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment as ordered shall be determined.

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