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(영문) 광주지방법원 목포지원 2017.12.01 2017고단1117
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the wooden Branch of the Gwangju District Court on the grounds of a violation of the Road Traffic Act, and on April 21, 2009, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act on at least two occasions by the above court on the grounds of a violation of the Road Traffic Act.

On August 18, 2017, the Defendant driven B Poter-II cargo vehicles with alcohol content of approximately 0.055% at a distance of about 2km from the 2km road in Sinpo City, Sinpo City, Sinpo City, Sinpo City to the front road of the maritime university.

As a result, the Defendant had been punished more than twice due to a violation of the Road Traffic Act (drinking driving), but has driven a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, inquiry about criminal history, and application of Part III 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures are that the Defendant committed the instant crime even if the Defendant had already been punished several times for the same kind of crime, etc. on the other hand, the Defendant recognized the said crime and reflects it, and each of the favorable circumstances, such as the fact that the alcohol content in the blood was not high at the time of the instant crime, shall be considered.

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