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(영문) 광주지방법원 목포지원 2018.09.07 2018고단523
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on May 9, 2007, at the Incheon District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on May 16, 2013, the Defendant was sentenced to a fine of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon.

On April 5, 2018, the Defendant driven C Mac-cr cruise car under the influence of alcohol content of about 0.197% in the section of approximately 20km from 21:40 to 21:40 to 2632 to 2632 to 20km in the front of the cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Investigation Report (A Application of the saiddmark);

1. Previous conviction in judgment: Inquiry about criminal history, application of summary order, and application of the text of the judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, is the criminal record for which the defendant was punished three times by a fine due to driving under drinking, but the defendant was committed at the time of committing the crime, and the motor vehicle has been disposed of, and the motor vehicle has not been driven again;

The sentence shall be determined as ordered in consideration of all the conditions of sentencing as shown in the arguments in this case, such as the fact that the defendant's age, sex, environment, etc. is different.

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