(영문) 광주지방법원 목포지원 2018.06.15 2018고단328

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2018.06.15 2018고단328

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 5, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violation of road traffic law in the wooden Branch of the Gwangju District Court on May 15, 2008; the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of road traffic law (driving), etc. on October 23, 2009; on April 6, 2017, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury caused by Electric Crimes) in the wooden Branch of the Gwangju District Court; on October 27, 2017, and on December 4, 2017, the period of parole for the execution of the sentence was expired.

[2] On April 14, 2018, around 00:20, the Defendant driven a C Span-type car under the influence of alcohol concentration of approximately 0.08% in a section of about 300 meters from the front of the Fran-type funeral hall to the front road of the youth station in the Bapo-si tens.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Records of judgment: Application of an inquiry letter, such as criminal history, investigation report (Attachment to the judgment, etc. of the same kind as the suspect), investigation report (verification of the fact that the suspect is a repeated crime) and statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is the confession and reflect on the instant crime. However, as in the judgment of the court, not only has the record of criminal punishment three times due to drinking driving, but also has repeated driving of the instant drinking even during the period of repeated offense.

In addition, the punishment shall be determined as ordered by taking into account all other reasons for sentencing shown in the records.

참조조문

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