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(영문) 광주지방법원 목포지원 2015.03.30 2015고단126
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 issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the wooden branch of the Gwangju District Court on October 18, 2006, and on January 17, 2008, at the Gwangju District Court sentenced a fine of KRW 2 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) at least twice.

At around 18:40 on December 20, 2014, the Defendant driven B Poter in the state of alcohol 0.151% of blood alcohol concentration at approximately 7km section from a restaurant where it is impossible to find out the trade name near the Hapong-gu Hap-ri Hap-ri Hap-ri Happon Terminal to the front roads of the Hap-gun, Hap-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (a report accompanied by a written judgment and a 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. Probation and community service order Article 62-2 of the Criminal Act recognize a defendant's mistake and reflects his/her offense; the defendant has no criminal record other than a criminal record of drunk driving as indicated in the judgment of the court; the defendant has no record of criminal punishment exceeding a fine due to drunk driving; the defendant's age, character and conduct, family relationship, etc. are subject to discretionary mitigation of the sentence against the defendant; and the execution of the sentence is suspended on condition of probation.

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