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(영문) 광주지방법원 목포지원 2020.03.06 2019고단1602
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On February 17, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (recognition refusal) in the wooden Branch of the Gwangju District Court on February 17, 2017, and completed the execution of the sentence in the Wood Prison on December 6, 2017.

【Criminal Facts】

On November 9, 2019, at around 20:48, the Defendant, as stated in the records of criminal records, driven the Bpoter, spoke, spoke-spoke-spoke, with a blood alcohol content of about 0.063% 0.063% from the 1km section, from the front side of the Geum River Village in Yongnam-gun, Youngnam-gun to the third-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, report on actual condition of the traffic accident, evidence and photographs related to the traffic accident, report on investigation (report on the situation of the departure from the port, etc.), and report on investigation

1. Previous records of judgment: Criminal records, etc., investigation reports (verification of the same kind of records), investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes to criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times of punishment due to driving under the influence of alcohol, refusal of measurement of alcohol, etc., and the Defendant has been subject to eight times of punishment, and repeated driving under the influence of alcohol during the period of repeated offense due to the same crime.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments, including the criminal records and the level of the principal offender's criminal records, such as the age, character and conduct, family relationship, and circumstances before and after the crime.

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