logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2019.11.22 2019고단109
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 3, 2008, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on December 22, 2008, a fine of one million won as a crime of violation of the Road Traffic Act (driving) in the same court on December 22, 2008, and a fine of five million won as a same crime in the same court on September 13, 2012.

【Criminal Facts】

On January 15, 2019, at around 17:25, the Defendant driven a Fmotor bicycle under the influence of alcohol with approximately 140 meters alcohol concentration of about 0.053% from the 140-meter section from the front of the restaurant in the vicinity C, Ham-gun B to the eart front road in D.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G and H’s legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous Records: Criminal history records and other inquiries, investigation reports (Attachment to previous records and written judgments, etc.) (Attachment to judgment, etc.) are denied the crime that the Defendant, while entering the E-art parking lot, has no contact accident while driving the otobb in the E-art parking lot, has returned to drinking alcohol in C and led Obaba, and has not driven the oba in the drinking condition.

However, the following can be revealed by the evidence duly examined and adopted by this court. ① The witness G enters the witness's vehicle in a narrow space between the vehicle and the next vehicle of the witness parked after entering and leaving the e-mail, and made a statement that he contacted the witness's vehicle. ② The witness H dispatched to the site upon the receipt of the report of violence was subject to drinking control upon the request of G suspected of driving under the influence of alcohol by the defendant. At the time of crackdown, the defendant was under the right time of driving under the influence of alcohol.

arrow