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(영문) 광주지방법원 목포지원 2015.01.16 2014고단1963

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 of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On August 17, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at a wooden branch of the Gwangju District Court in Gwangju District Court on August 17, 2006, and on September 26, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act at least twice, such as a summary indictment for a violation of the Road Traffic Act (driving).

【Criminal Facts of Crimes】 around October 9, 2014, around 19:05, the Defendant driven a Bgel Ⅱ car under the influence of alcohol content of about 0.243% in the direction of 6km from the Do in front of the funeral hall of the Seongdong-gu, Sung-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the front road in the front of the Hoan-gun, Yan-gun, Chungcheongnam-do., the Ggel Do in the direction of approximately 6km alcohol content.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused's legal statement, his/her oral statement, and his/her blood alcohol appraisal report;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Consideration of the fact that a person drives a motor vehicle again immediately after imprisonment or a summary indictment for driving under the influence of alcohol, the fact that the blood alcohol concentration is very high, and the occurrence of traffic accidents, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., taking into account the following factors: (i) the fact that the vehicle is being in reflected; (ii) the fact that the vehicle is scrapped and the driver does not drive the vehicle again; (iii) the fact that there is no previous conviction or higher in the suspension of execution; and (iv) the fact that the health status

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;