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(영문) 광주지방법원 목포지원 2015.09.21 2015고단841
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 April 22, 2015, at around 20:04, the Defendant driven a B-to-purd vehicle with a blood alcohol content of about 0.126% in the 20km section from the 79th day of the C- to the front road of the new bank located in the Yanannam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act shall be selected in light of the fact that the accused has been punished three times as a fine due to drunk driving.

However, in light of the fact that the defendant recognizes his mistake and reflects, there is no history of criminal punishment exceeding a fine, there is no history of criminal punishment after 2008, the defendant's age, character and conduct, etc., and the execution of the sentence against the defendant is suspended on condition of probation.

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