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(영문) 광주지방법원 목포지원 2015.06.25 2015고단283
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 January 2, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court on January 2, 2009. On March 9, 2015, the Defendant filed an application for a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) in the same support.

On March 19, 2015, around 21:33, the Defendant driven a Bribe in the state of alcohol alcohol concentration of approximately 0.117% at the section of approximately 200 meters, from the front of the cafeteria to the front of the Hapo City Mapoam, “Korea House” road located in the Gipo City Mapoamam to the front of the Hapo City Mapoamamamam.

Summary of Evidence

1. Defendant's legal statement;

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

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by a copy of summary order);

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 that the Defendant, on February 13, 2015, once he/she was under the influence of alcohol and was again under the influence of alcohol again, he/she shall be selected to be sentenced to imprisonment.

However, considering the fact that the defendant's mistake and reflects, the defendant has no record of criminal punishment exceeding a fine since 1997, the defendant's age, character and conduct, family relationship, etc., the punishment against the defendant shall be mitigated, and the execution thereof shall be suspended on condition of probation.

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