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(영문) 광주지방법원 목포지원 2014.09.15 2014고단957
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 July 12, 2004, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1 million for a violation of the Road Traffic Act (hereinafter referred to as the “Violation of the Road Traffic Act”), from the same support on July 22, 2005, a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the same support on April 5, 201 to the summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) and from the same support on September 27, 201, a summary order of KRW 2 million for a fine of KRW 2 million was issued.

On June 7, 2014, the Defendant, while under the influence of alcohol of 0.078% of blood alcohol concentration, driven BM5 car at approximately 200 meters from the Do in front of the fall-type scam in a wooden scamcam in a wooden scam, to the scamblum in front of the dominam in a wooden scam in a wooden scam.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

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 defendant in the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is selected to be sentenced to imprisonment in light of the fact that the defendant, even though his previous conviction was four times, is driving under the influence of alcohol again, and the nature of the crime

However, in consideration of the fact that the defendant's mistake is recognized and reflected, the blood alcohol concentration is not high, there is no record of criminal punishment exceeding a fine, the defendant's age, character and conduct, family relationship, etc., the execution of the sentence against the defendant is determined as the disposition by discretionary mitigation, and the execution of the sentence is suspended.

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