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(영문) 광주지방법원 목포지원 2017.11.30 2017고단1136
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 17, 2012, the Defendant was issued a summary order of KRW 5 million by the same court as a crime of violating the Road Traffic Act (dacting driving) in the application of the Gwangju District Court for the crime of violating the Road Traffic Act, and KRW 2 million by the same court on January 21, 2015 (dacting driving).

[2] On July 8, 2017, at around 01:03, the Defendant: (a) driven a Maz car in the area of about five meters alcohol while under influence of alcohol with approximately 0.120% alcohol while under the influence of alcohol at the 105 front parking lot of Geumho apartment apartment located in 160-0 as a residence for the payment of the payment of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the purchase price of the

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. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of investigation reports (verification of CCTVs related to driving of suspect drinking) Acts and subordinate 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. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act shall take into account the favorable circumstances as seen below

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination of a sentence that is favorable to the driving of a person under the influence of alcohol again, despite the existence of a previous conviction for the same kind of crime: the above circumstances and the defendant's age, sex, career, home environment, motive and means of the crime, circumstances after the crime, etc. are considered, and the sentencing conditions specified in the arguments of this case, such as the above circumstances and the defendant's age, sex, career, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as per the disposition.

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