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(영문) 광주지방법원 목포지원 2016.05.19 2016고단37
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

On April 22, 2008, the Defendant issued a summary order of a fine of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the same court on March 31, 2010, and violated Article 44(1) of the Road Traffic Act at least twice.

On December 8, 2015, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.173% at a section of approximately 100 meters from the direction of the central market to the front day of the “packer and the station of oil,” which is located under the direction of the central market, in the city of Supopo City, Supo City, one hundred and seventy meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver involved in driving, report on collection of blood from drinking drivers, and response to requests for appraisal;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment Reports to the previous decisions) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and the selective punishment;

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. A relatively high level of alcohol content during the sentencing period of Article 62-2 of the Criminal Act, but the punishment shall be determined as ordered in consideration of the circumstances, such as the fact that there is no record of crime, wrongness, and delayed disorder, other than the two-time crimes as indicated in the judgment, in addition to the two-time crimes.

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