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(영문) 광주지방법원 목포지원 2016.08.26 2016고단585
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On February 14, 2013, the Defendant was sentenced to a three-year suspension of the execution of imprisonment for a violation of road traffic law in the Gwangju District Court Support, etc. on March 14, 2013, and on June 11, 2013, the above court was sentenced to six-month imprisonment for a violation of road traffic law, etc. on June 19, 2015, and the said judgment became final and conclusive on June 19, 2015, the sentence of the said suspension of execution was invalidated, and the parole period expired on May 30, 2014 during the execution of each of the above punishment and on June 19, 2014.

[2] On February 27, 2016, the Defendant driven a CM5 vehicle under the influence of alcohol content of about 200 meters from a section of approximately 200 meters to the roads near the 5th unit of Simsan-si, Simsan-si, Simsan-si, Simsan-si, Simsan-si.

As a result, the Defendant violated the drinking driving not less than twice, but driven a car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, inquire of criminal history, current status of confinement and report of criminal investigation (report on criminal records of the same kind and attachment

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The circumstances in favor of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, which recognized and reflects the instant crime.

- The mother of the defendant desires to be the wife, and the marriage is scheduled.

- has disposed of a motor vehicle operated without repeating the same type of crime.

The Defendant already committed the crime of this case during the period of repeated crime without being aware of the suspension of imprisonment and imprisonment, even though the Defendant was sentenced to imprisonment for the same kind of crime.

- The blood alcohol concentration is high at the time of the instant crime.

- there is a consensus that there is a harm or injury caused by drinking driving and that there is a need to punish it.

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