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(영문) 광주지방법원 목포지원 2015.10.12 2015고단942
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 October 25, 2006, the Defendant was sentenced to a suspended sentence of two years for one year and six months, and a fine of four million won for a violation of the Road Traffic Act, from the same support on April 27, 2007, in the case of a violation of the Road Traffic Act.

On July 26, 2015, at around 06:35, the Defendant driven B K3 car under the influence of alcohol content of about 0.076% from the 1km section to the bellel road located in the northwest-si, Sinpo City north-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. A inquiry report, such as criminal records;

1. Investigation reports (Attachment of previous and previous judgments), - Application of two Acts and subordinate statutes governing the judgment; and

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. 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 admits and reflects his mistake, the blood alcohol concentration is relatively low, the defendant is not driving immediately after drinking alcohol, the defendant has no record of criminal punishment since 2007, the defendant’s age, character and conduct, family relationship, etc. are determined as ordered by reducing the sentence against the defendant by taking account of the defendant’s age, character and conduct, family relation, etc., and the execution of the sentence is suspended.

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