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(영문) 광주지방법원 목포지원 2018.04.02 2018고단65
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 1, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden Branch of the Gwangju District Court, and on June 8, 2007, a summary order of KRW 500,000 for a fine for the same crime at the Busan District Court’s Dong Branch Branch.

[2] Although the Defendant had been punished twice or more due to drinking driving, the Defendant driven a new car in B under the influence of alcohol with approximately 0.108% alcohol concentration from the 2km section of approximately 2 km to the 2km underground parking lot of the 200-dong 200-dong 200-dong 200-dong 20-dong 200-dong 200-dong 200-dong 200-dong 35-8 around January 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 (Article 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act shall take into account the favorable circumstances as seen below

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that the defendant, who had been punished twice due to drinking driving, once again commits the crime of this case: The decision of a sentence that has not any record of punishment exceeding a fine due to drinking driving: The above circumstances and the defendant's age, sex, career, home environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in full view of all the circumstances that are the conditions for sentencing specified in the arguments of this case, including the above circumstances and the defendant's age, sex, career, home environment, motive and means of the crime, and circumstances after the crime.

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