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(영문) 광주지방법원 목포지원 2015.06.04 2015고단182
도로교통법위반(음주운전)등
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 February 19, 2008, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the wooden branch of the Gwangju District Court on February 19, 2008, for the same support on August 18, 2009, for a fine of KRW 2.5 million for a violation of the Road Traffic Act and for a violation of the Road Traffic Act (unlicensed Driving).

On January 12, 2015, at around 14:36, the Defendant driven a B-purd vehicle with approximately 10km alcohol concentration of 0.067% without a car driver’s license from the front day of the 10k section before the Kanpo City Marine University from the front day of the 14:36, 2015, to the front day of the Sampo City Marine University.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

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 (limited to sound driving, driving without a license, and attachment of written judgments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 Social Service Order Criminal Act is to recognize and reflect the defendant's mistake, the blood alcohol concentration is not high, the defendant has no record of driving under drinking other than the judgment of the court, the defendant has no record of criminal punishment exceeding a fine, the defendant's age, character and conduct, etc., and determine the punishment against the defendant as ordered by discretionary mitigation and suspend its execution, taking into account the defendant's age, character and conduct.

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