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(영문) 광주지방법원 목포지원 2018.12.14 2018고단921
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court, and on June 26, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

On September 4, 2018, around 21:30, the Defendant driven B K7 cars with alcohol concentration of about 400 meters from around 124 meters to around 130 meters from the 130-way unification, in a state of alcohol alcohol level, around September 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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 and community service order, has been two times a fine due to the driving of drinking, but the accused has the time to commit the crime, and the accused has been repented, and the driving of drinking again is not possible;

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.

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