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(영문) 광주지방법원 목포지원 2015.07.09 2015고단530

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 8, 2009, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on September 8, 2009, and on August 23, 2011, the Defendant was sentenced to a suspended sentence of two months for a period of six months.

On May 7, 2015, at around 15:35, the Defendant driven a bwing cargo vehicle with a blood alcohol content of about 0.059% in the 1km section from the front of a sobrying restaurant to the front of a happy hotel located in the Saunnam-gun, Youngnam-gun, Youngnam-gun, the Defendant driven the B-wing cargo vehicle with a blood alcohol content of at least 0.059% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to previous judgments, written judgments, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is to recognize and reflect the defendant's mistake, the blood alcohol concentration is relatively low, the defendant's age, character and conduct, family relationship, etc., and to reduce the defendant's punishment for the defendant, and to suspend its execution on condition of probation.