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(영문) 광주지방법원 목포지원 2015.12.04 2015고단1277
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 April 30, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on April 30, 2009, and on April 11, 201, issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Namnam Branch of Gwangju District Court on April 11, 201 and violated Article 44(1) of the Road Traffic Act not less than twice.

around 15:10 on October 6, 2015, the Defendant driven B cargo vehicles under the influence of alcohol with approximately 0.093% alcohol concentration from the 1k section from the park located under the Cenpo City in the same time line to the front day of the substig middle school in the same time line.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of electricity);

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (restatement of the reasons for the sentencing following the suspended sentence) appears to be divided into the defendant's errors, the defendant is expected not to drive under drinking again in the future, the defendant has no record of criminal punishment more severe than that of a fine before, and the defendant has no record of criminal punishment other than that of the defendant's age, character and behavior, environment, circumstances before and after the crime, etc., and all other circumstances constituting the conditions for the sentencing as shown in the records and arguments of this case, including the defendant's age

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