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(영문) 광주지방법원 목포지원 2017.05.19 2017고단310
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 9, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court on July 9, 2009, and the above court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on November 6, 2012.

On March 6, 2017, around 17:40, the Defendant driven C Poter Cargo on a section of about 400 meters of alcohol content 0.185% under the influence of alcohol content from the 400m to the front day of the 56-48 way way in the military documents of Yong-gun, Yong-gun, South Yong-gun.

As a result, anyone who has violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice, and once again drives a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (52 pages of evidence records), investigation reports (the results of the official application of the dmark of the suspect), response to inquiries, such as criminal history (A), and the application of Acts and subordinate statutes of investigation reports (verification of criminal records of the suspect's same kind);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment, consideration shall be given given to the following circumstances: (a) the Defendant recognized the instant crime and reflects the fact that there was no record of punishment exceeding the fine due to the same kind of crime; (b) the Defendant was punished several times for the same type of crime; and (c) the Defendant committed the instant crime without considering the fact that it was a period of suspended sentence of imprisonment, which was sentenced to imprisonment for the same type of crime; and (d) the amount of alcohol content in blood at the time is a considerable depository.

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