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(영문) 광주지방법원 목포지원 2017.09.28 2017고단901
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On April 11, 2011, the Defendant was sentenced to a summary order of 700,000 won for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's support on April 11, 201, and on May 18, 201, the Defendant was sentenced to a penalty of 5 million won or more for a crime of violating the Road Traffic Act (drinking driving).

On July 30, 2017, the Defendant driven a coo vehicle B with alcohol content of 0.085% from a 300-meter section from the blood alcohol level to the 300-meter road, with the dwelling of the Eup, Young-gun, Young-gun, Seoul, as the dwelling for the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he/she was punished twice or more due to a violation of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver at home (A);

1. An explanatory note;

1. Inquiries about the results of crackdown on driving alcohol (three copies);

1. Application of Acts and subordinate statutes to investigation reports (verification of punishment for violation of Road Traffic Act (drinking driving at least twice);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances shall be considered):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances shall be considered):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of orders to attend lectures and the provision of an order to attend lectures: The circumstances that are favorable to the fact that there have been several records of punishment due to driving under drinking alcohol: The fact that there is no record of crime exceeding a fine, and that there is no record of crime

The decision of the sentence that has a different status, and there are family members to support: The sentence shall be determined as per the order, taking into account all the circumstances that form the conditions of sentencing specified in the pleadings of this case, such as 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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