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(영문) 광주지방법원 목포지원 2017.08.11 2017고단489
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 3, 2009, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Flag Flag method, and on December 8, 2006, the above court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving).

On April 26, 2017, the Defendant driven B Poter cargo under the influence of alcohol content of about 1 0.097% from the 1k section from the 10 jum section to the front road of the Sinpo Sea Fisheries Administration, which is located in the 10th two in the original form of Sinpo-si on Apr. 26, 2017.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though the Defendant had a driving force twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, inquiry about criminal history, and application of Acts and subordinate statutes in Part II of the summary order;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even if he/she was already punished several times for the same kind of crime; and (b) the degree of alcohol content from blood at the time of the instant crime reaches a considerable amount; (c) on the other hand, the Defendant recognized the instant crime; (d) there was no record of punishment exceeding the fine due to the crime of drinking driving; and (e) there was no record of punishment for the punishment exceeding the fine due to the crime of drinking; and (e) the fact that the

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