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(영문) 광주지방법원 목포지원 2016.03.11 2016고단55
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On September 23, 2013, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the application of the Gwangju District Court, and completed the execution of the sentence on March 25, 2014.

[2] On October 21, 2009, the Defendant was sentenced to imprisonment with prison labor for a period of six-month suspension and for a period of three-month suspension and on December 28, 2010, for a crime of violating the Road Traffic Act in the application of the Gwangju District Court for the crime of violation of the Road Traffic Act, etc.

On January 4, 2016, the Defendant driven a C Kani vehicle under the influence of alcohol content of about 0.058% in blood from approximately 500 meters away from the front of the Seongdong Maro-Maro Hospital to the front of the modern sports in the same Dong, which is located in the Sinpo City of Sinpoon on January 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of regulating drinking driving;

1. Investigative reports (verification of the same type of power) and decisions attached thereto;

1. Written inquiry about criminal history, etc. (A);

1. Previous records of judgment: Investigation report (verification of the history of repeated crime) and judgment attached thereto, personal identification and current status of confinement (A) Acts and subordinate statutes;

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 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantity shows the attitude that the defendant led to confession and reflect on the instant crime, family members to support, and currently the defendant is suffering from disease such as urology, and the alcohol concentration in blood at the time of committing the crime is high.

The circumstances that cannot be said to be considered in favor of the fact that the Defendant cannot be said to have committed the above crime. (Inasmuch as the Defendant committed the above crime on the wind to which the Defendant was sexually dead, this is argued to the effect that such circumstances should be considered in light of the circumstances, but rather, it cannot be said that the circumstances to be considered in determining the punishment for driving under drinking solely on the ground that the Defendant was sexually happy

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