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(영문) 광주지방법원 목포지원 2015.06.29 2015고단342
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2009, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court Support on February 9, 2010, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the same support on February 9, 201, and a summary order of KRW 5 million for a violation of the Road Traffic Act from the Gwangju District Court Support on December 5, 2014 to the Gwangju District Court Support on December 5, 2014.

On February 4, 2015, at around 17:45, the Defendant driven ChoxG car in the state of alcohol alcohol concentration of about 0.178% without a car driver’s license, from the front of the Defendant’s house located in Yong-gun, Young-gun, Young-gun to the front of the YG Gyeongho-gun, Young-gun Green at approximately 2km to the front of the YG YY.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order);

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 grounds for sentencing under Article 62-2(1) and proviso to Article 62-2(2) of the Criminal Act on probation and community service order are to recognize a defendant's mistake and reflects his/her fault, the defendant has no record of criminal punishment exceeding a fine, and the defendant's age, character and conduct, family relationship, etc. are to be mitigated to determine the punishment against the defendant as ordered by discretionary mitigation and suspend its execution

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