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(영문) 광주지방법원 목포지원 2018.04.13 2018고단40
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On April 10, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Branch on April 10, 208, and the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court on March 13, 2012.

[2] On July 6, 2015, around 21:31, the Defendant driven a Boper car under the influence of alcohol with approximately 0.068% alcohol concentration from approximately 200 meters away from the 3rd Dominium in the Republic of Korea, the Nam-gun, the Eup, the Nam-gun, the Namnam-gun, the Namnam-gun, to the front road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Records of judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to criminal investigation reports (verification of past records of the suspect);

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. 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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, was three times due to drinking driving, and one-time fine due to driving without a license, but the Defendant’s blood alcohol concentration in the Defendant’s blood was relatively higher than 0.068%, and the Defendant led to confession and reflect on the instant crime.

In addition, the punishment shall be determined as ordered by taking into account all other reasons for sentencing shown in the records.

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