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(영문) 광주지방법원 목포지원 2016.06.16 2015고단1688
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 April 5, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million as a fine for the same crime from the same support on June 4, 2009.

On September 21, 2015, the Defendant driven Bexton car under the influence of alcohol content of approximately 0.197% from the section of approximately 3 km from the street of the Scar in front of the office of the Scar to the Jalim Jae Shelle, located in the same Eup/Myeoner of the same Gun from the street of the office of the Scar to the road of the same Eup/Myeon.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same Act.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement, written consent to blood collection, written appraisal of alcohol during blood transfusion, and on-site photograph of the driver of the main vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime applicable to the relevant criminal facts, and the option of a sentence;

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 enforcement of an order to observe the protection and observation, community service order, and order to attend a compliance driving lecture, on the grounds that there is no record of punishment exceeding the grounds for sentencing under Article 62-2 of the Criminal Act, and that there is no wrong record, and that there is a high alcohol concentration in the blood, and that there is possibility of recidivism.

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