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(영문) 광주지방법원 목포지원 2015.06.25 2015고단275

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 April 11, 2008, the defendant was sentenced to a suspended sentence of 2 months for the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Special Act on the Settlement of Traffic Accidents. On December 14, 2010, the defendant was sentenced to a summary order of 2.5 million won for the violation of the Road Traffic Act from the same support on December 14, 201.

At around 20:50 on February 11, 2015, the Defendant driven Bsch Rexton car while under the influence of alcohol concentration of 0.128% on the roads in front of LG electronic front of the Sinan-gun, Chungcheongnam-do, Chungcheongnam-do.

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 report on investigation (Attachment of previous convictions and copies of written judgments);

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. Probation and community service order under the proviso to Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act, even though the defendant had a record of punishment several times due to drunk driving, he/she shall be selected to be sentenced to imprisonment in light

However, in consideration of the fact that the defendant's mistake is recognized and reflected, the defendant's age, character and conduct, family relationship, etc., the punishment against the defendant shall be mitigated as ordered, and the execution thereof shall be suspended on condition of probation.