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(영문) 광주지방법원 목포지원 2015.12.07 2015고단1295
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 February 12, 2009, 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 4 million as a fine for a violation of the Road Traffic Act from the same support on July 17, 2012.

On October 17, 2015, at around 21:35, the Defendant driven a Category B motor vehicle under the influence of alcohol content of about 0.124% at a section of about 300 meters from the front of the eart, which is located in the Mashamamam, to the front of the Mashambro, in the form of a brea-ro cream, in the form of a wooden alcohol concentration of about 300 meters.

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 a criminal investigation report (Attachment to a summary order of the same attached 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for sentencing”) of the suspended sentence is to recognize and reflect a defendant’s mistake, to which the defendant has no record of criminal punishment other than the previous conviction in the judgment, to which the defendant would not drive immediately after drinking, to which the defendant would not drive immediately after drinking, to which the defendant’s age, character and conduct, etc. are to be mitigated to reduce the sentence against the defendant

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