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(영문) 광주지방법원 목포지원 2015.07.09 2015고단524
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime from the same support on July 22, 2014, respectively.

On May 2, 2015, at around 03:30, the Defendant driven B rocketing car under the influence of alcohol content of about 0.079% at a distance of about 2 km from the 2km road near the new bank located in the Sinpo-si, Sinpo-si to the front of the Mapo-si apartment street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Crafic evidence photographs;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (limited to the previous convictions and summary orders);

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 grounds for sentencing under Article 62-2 of the Criminal Act on Probation recognize and reflects the defendant's mistake, the defendant has no other record of drinking driving except for the previous conviction in the judgment, the defendant's age, character and conduct, health conditions, etc., and the sentence against the defendant is mitigated, and the execution of the sentence is suspended on condition of probation.

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