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(영문) 광주지방법원 목포지원 2018.06.22 2018고단294
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

[criminal history] On June 8, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court. On September 12, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime.

[Criminal facts] On March 23, 2018, the Defendant driven B Poter Cargo with approximately 0.104% alcohol concentration in alcohol, from the front of the Gambling restaurant, which was 15 - 3-lane 5, in his/her residence, to the front of the Gambling restaurant, which was 15-lane 5, in his/her residence, and from the front of the road, the Defendant driven B Poter Cargo with approximately 1km alcohol concentration of about 0.104%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Records of crime: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal records of the suspect in the past) statute;

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, including the observation of protection, community service order, and order to attend a lecture, even though the defendant had a record of criminal punishment of fines on three occasions due to the same crime, repeats the driving of the drinking of this case, but there is no record of criminal punishment other than fines, confession and reflects the crime of this case, and all the sentencing reasons indicated in the record, shall be determined as the sentence as ordered.

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