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(영문) 광주지방법원 목포지원 2015.11.16 2015고단1120
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 25, 2008, the Defendant was issued 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 a violation of the Road Traffic Act in the same support on February 19, 2013, respectively.

At around 04:50 on September 5, 2015, the Defendant driven B K5 car under the influence of alcohol with approximately 0.116% alcohol concentration at the section of approximately 1km from the front of the water fyp of the fyp of the fyp, which is located in the fyp, to the front of the cFelel located in the lower part of the lower part of the fyp city of wood.

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. Application of investigative reports (verification of suspect driving skills) 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 reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is to recognize and reflect the defendant's mistake, to have no record of criminal punishment exceeding a fine, to have the defendant sentenced to discretionary mitigation of the defendant's punishment, and to suspend the execution thereof under the condition of probation, taking into account the defendant's age, character and conduct, etc.

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