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(영문) 광주지방법원 목포지원 2017.01.19 2016고단1252
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

The Defendant was issued a summary order of KRW 2 million on February 25, 200, fine of KRW 2 million on June 21, 201, and fine of KRW 1 million on April 6, 2016, as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s wooden branch.

On October 10, 2016, around 22:27, the Defendant driven a motor vehicle B in the state of alcohol 0.068% of alcohol content in a section of about 5 meters at approximately 0.068% of alcohol content from the front line of the State of 686 Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si.

As a result, the Defendant was a person who has driven a motor vehicle twice or more times, and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime applicable to the relevant criminal facts, and the option of a sentence;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be deferred, taking into account the circumstances such as the fact that the alcohol concentration in the blood for the reason of sentencing under Article 62-2 of the Criminal Act is relatively low and the driving distance is short, there is no history of punishment exceeding a fine for the same kind of crime, the fact that the wife and children are responsible for supporting the wife and children, and the fact that the error is against the wrong, but the execution of the sentence shall be apprehended to be repeated, and the punishment as the order shall be determined

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