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(영문) 광주지방법원 목포지원 2016.05.20 2015고단1506
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on October 18, 2011. On April 17, 2013, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Branch of the Suwon District Court on April 17, 201.

【Criminal fact-finding on October 23, 2015, the Defendant driven B E-art car while under the influence of alcohol content of about 0.123% at a section of about 25km from the mutual influence restaurant located in the north port to the point where 17 km point is located in the marked line on the west Coast Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (Attachment to a criminal suspect A or report on the same criminal records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing as set forth below), the Defendant committed the instant crime in spite of the fact that the Defendant had been punished twice for the same kind of crime, it is unfavorable to the Defendant. However, the Defendant recognized the instant facts charged, and against it, the Defendant would not drive under the influence of alcohol again in the future.

In addition, considering the circumstances favorable to the defendant, such as the fact that the vehicle appears to have scrapped, the fact that there is no record of punishment exceeding the fine for the defendant, and the fact that there is no record of punishment in excess of the fine for the defendant, the defendant's age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., and all of the sentencing factors indicated in the records of the case and the theory of changes after the crime, the punishment as stated in the order shall

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