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(영문) 광주지방법원 목포지원 2015.05.18 2015고단242
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 February 15, 2008, 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 the same crime from the same support on September 25, 2013, respectively, from the application of the Road Traffic Act.

On March 3, 2015, at around 20:34, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 0.065% of alcohol concentration 0.065% while under the influence of alcohol without obtaining a driver’s license in a section of about 5km in front of a cafeteriaan-gun, Mapo-gun, Mapo-gun, Seoul, a Mapo-gun, a Mapo-gun, a Mapo-gun, a Mapo-si Mapo-

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. A inquiry report, such as criminal records;

1. Investigation report (verification of suspect A's drinking records), - Application of summary order-related 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “The reason for sentencing”) of the suspended sentence is that the Defendant recognized and reflected his mistake, that the blood alcohol concentration is not higher than that of the Defendant, that there are some circumstances to be taken into account in the circumstances when the Defendant was driven, that the Defendant’s age, character and conduct, family relationship, etc. are to be mitigated to reduce the sentence against the Defendant, and the enforcement thereof is to be postponed.

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