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(영문) 광주지방법원 목포지원 2016.10.14 2016고단879
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 26, 2016, around 21:30, the Defendant driven D low-income motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration 0.079% from the front of the Cpool in the Cpool City B to the front road of the Southern Elementary School located in 21-No. 22, calculated in the Cpool City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of drinking control;

1. The grounds for sentencing of Article 148-2(2)3 and Article 44(1) of the Road Traffic Act for the crime of this case shall be taken into consideration under favorable circumstances, such as the fact that the defendant recognized the crime of this case and appears to reflect the fact that he/she works as a partner of a shipbuilding yard, and the fact that he/she works as a partner of a subcontractor of a shipbuilding yard;

On the other hand, even though the defendant was already sentenced to a fine for a violation of the Road Traffic Act (LA) and was sentenced to the suspension of the execution of imprisonment on February 12, 2016 due to a violation of the Road Traffic Act (Refusal of measurement of drinking level), the above judgment has not yet become final and conclusive, and the fact that the defendant committed the crime of this case using a car operated at the time of the above crime for drinking level is disadvantageous.

In addition to the above sentencing grounds, comprehensively taking into account the various circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, family relation, environment, circumstances after the crime, etc., the risk of drinking driving and the necessity of punishment proportional thereto, etc., the decision is made as above in light of the fact that social consensus has already been formed.

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