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(영문) 광주지방법원 목포지원 2015.04.13 2015고단196
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 September 4, 2007, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on September 4, 2007, and on December 4, 2012, a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act was issued by the Gwangju District Court on December 4, 201.

Around 20:20 on December 16, 2014, the Defendant was under the influence of alcohol with 0.223% of alcohol content 0.20%, and the Defendant was driving at approximately 1km section from the front of the Yongsan-gun Center in Yong-gun, Young-gun, Young-gun, Yongnam-gun, to the front intersection of the Hoho-si, Youngnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drunk driving (Evidence No. 20 pages of evidentiary records);

1. A inquiry report, such as criminal records;

1. Investigation report (verification of suspect A-class power), - Application of summary order statutes;

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. Probation and community service order Article 62-2 of the Criminal Act recognizes the defendant's mistake and reflects his/her offense, there is no record of criminal punishment exceeding a fine, and there is no other force of drinking driving except for the previous conviction in the judgment, the defendant's age, character and conduct, family relationship, etc. shall be mitigated to reduce the punishment of the defendant, and its execution shall be suspended on condition of probation.

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