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(영문) 광주지방법원 목포지원 2015.08.27 2015고단843
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 19, 2011, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on April 19, 201, and on January 24, 2014, the Defendant was sentenced to a suspended sentence of two months on February 4, 2014, and the judgment became final and conclusive on February 4, 2014.

On February 16, 2015, around 01:03, the Defendant driven a Cpoter truck under the influence of alcohol content of about 0.076% at a section of about 5km at the entrance of a forest bath at the end of a mountain bath, in a quantity in the form of a emulation from the front of the emulation Corporation located at the emulation Corporation at the time of woodposi to the front of the entrance of a forest bath.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (the reverse application of the Radmark formula);

1. Investigation reports (demark, etc.);

1. Reports on internal investigation: Police officer;

1. A transcript of a record or a transcript of a record;

1. Other relevant photographs (the 10 pages, No. 67 pages of evidentiary records);

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the judgment, etc.);

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. The sentence is to be imposed on the Defendant in light of the following: (a) the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following reason for sentencing) is the fact that he/she drives under the influence of alcohol again during the period of suspension of the execution due to drunk driving, and was under the influence of alcohol enough to reverse the

However, in consideration of the fact that the defendant's mistake is recognized and reflected, family relationship of the defendant, etc., the punishment of the defendant shall be mitigated and determined as per the disposition.

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