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(영문) 광주지방법원 목포지원 2015.09.24 2015고단592

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 8, 2010, the Defendant received a summary order of KRW 1.5 million from Busan District Court to a fine for a violation of the Road Traffic Act, and on March 12, 2014 to a fine of KRW 3 million as a crime of violation of the Road Traffic Act in the wooden Branch of Gwangju District Court on March 12, 2014.

On April 1, 2015, at around 23:24, the Defendant driven a golf car with a bomb alcohol level of 0.078% under the influence of alcohol without obtaining a driver’s license from around 500 meters in front of a restaurant, where it is difficult to know the trade name in the Municipal Ordinance-dong of the Macheon-si to be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to summary orders of the same attached power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. Probation and community service order under Article 62-2 of the Criminal Act shall be selected in light of the fact that the accused has been punished three times as a fine due to drunk driving.

However, considering the fact that the defendant's mistake and reflects on his own mistake, the blood alcohol concentration is relatively low, the defendant's drinking, the distance of driving without a license is shorter, the defendant has no other criminal record, except for the punishment of three times due to drinking driving, the defendant's age, character and conduct, etc., the defendant's punishment against the defendant shall be mitigated, and its execution shall be suspended on condition of probation.