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(영문) 광주지방법원 목포지원 2015.02.12 2014고단2080
도로교통법위반(음주운전)등
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 April 30, 2014, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and the same court issued a summary order of KRW 4 million on August 26, 2014 as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act.

피고인은 2014. 10. 20. 05:15경 목포시 통일대로에 있는 캠프앤쿡 앞길에서부터 목포시 통일대로에 있는 갓바위 터널 삼거리 부근에 이르기까지 약 100m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.066%의 술에 취한 상태로 B BMW 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

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

1. The ledger of driver's licenses;

1. Crafic evidence photographs;

1. A inquiry report, such as criminal records;

1. An investigation report (report on confirmation of previous records of driving), - Application of the summary order of two Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 Criminal Act on Probation is to choose imprisonment in light of the fact that the defendant repeats drinking during a short period of time.

However, the defendant's mistake, the blood alcohol concentration is relatively low, the defendant's age, character and conduct, family relationship, etc., and the execution of the defendant's punishment is determined as ordered by discretionary mitigation, taking into account the defendant's age, character and conduct, family relation, etc., and the execution of the sentence is suspended on condition of probation.

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