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(영문) 광주지방법원 목포지원 2019.07.05 2019고단236
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2007, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act, etc. in the Gwangju District Court's wooden branch on August 24, 2007. On September 18, 2015, the Defendant was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act in the same court.

Criminal facts

On March 20, 2019, at around 04:20, the Defendant driven an E rocketing car with a blood alcohol concentration of about 0.076% in the 1km section from the front of the B Apartment apartment to the front of the Diplomatic Association located in Sinpo City C, to the front of the Diplomatic Association in Sinpo City.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and was driving a motor vehicle while under the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes, such as criminal records, investigation reports (three times the same criminal records, attachment of judgment, etc.), and summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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