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(영문) 광주지방법원 목포지원 2015.08.10 2015고단595
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 October 18, 2006, 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 2,50,000 as a fine for a violation of the Road Traffic Act from the same support on October 16, 2012.

On May 18, 2015, around 21:38, the Defendant driven a B-to-purd vehicle with a blood alcohol content of about 0.132% under the influence of alcohol at approximately 100 meters from the road near the 1st apartment commercial building located at Sinpo City, to the road in front of the 100th Gyeongpo-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same kind of power);

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize and reflects the defendant's mistake, the defendant is short of the distance from driving a motor vehicle to move a parked motor vehicle, taking into account the defendant's age, character and conduct, family relationship, etc., and determine the defendant's punishment as ordered by discretionary mitigation and suspend its execution.

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