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(영문) 광주지방법원 목포지원 2015.12.07 2015고단1266
도로교통법위반(음주운전)
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 September 9, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act from the same support on October 8, 2013, respectively.

On September 10, 2015, around 20:08, the Defendant driven the B-wing three cargo vehicles with blood alcohol content of 0.132% at a distance of approximately 200 meters from the start of the back of the air route in the Yanan-gun-gun, Seoul-gun, Seoul-gun, to the entrance of the air village in the Yan-gun, Yan-gun, Yan-gun.

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. Investigation report (Attachment of the same kind of judgment), - Application of summary order Acts and subordinate statutes;

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 Probation Criminal Act is to recognize and reflect his/her mistake, to the effect that the defendant has no record of criminal punishment exceeding a fine, to the effect that he/she has no record of criminal punishment, to the extent that he/she has mitigated the punishment of the defendant, and to suspend the execution thereof on condition of probation.

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