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(영문) 광주지방법원 목포지원 2015.05.14 2015고단261
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 March 5, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the wooden Branch of Gwangju District Court on March 5, 2007, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the same support on September 8, 2009.

Around 17:00 on February 27, 2015, the Defendant driven a BM3 car in the section of approximately 2.5 km from the front day of a restaurant where the trade name in the Jeonnam-gun Choho-dong cannot be known, in a state of alcohol alcohol concentration of 0.180%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A inquiry report, such as criminal records;

1. Investigation report (verification of suspect A's same kind of power), - Application of summary order-related Acts and subordinate statutes;

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 his/her mistake, the fact that there is no other force of drinking driving except the records of drinking driving as indicated in the judgment, the defendant has no history of criminal punishment exceeding a fine, the defendant's age, character and conduct, family relationship, etc. shall be mitigated to reduce the punishment of the defendant, and the execution thereof shall be suspended as stated in the disposition

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