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(영문) 광주지방법원 목포지원 2015.02.23 2014고단2111
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 August 18, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the same court on October 29, 2013, respectively.

On September 15, 2014, from around 02:00 to 03:20 on the same day, the Defendant driven BM5 car while under the influence of alcohol content of about 0.110% at the distance of about 80km from the front of the Dong apartment parking lot located down at the lower end of Sinpo City to the point of about 75.3km on the west Coast Highway, which is located in the front west-gun of North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, references (A), amounts of dispositions, and reports on results of confirmation;

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 reasons for sentencing under Article 62-2 of the Probation Criminal Act recognize and reflects his/her mistake, the fact that there is no past record of criminal punishment exceeding a fine, the defendant’s age, character and conduct, family relationship, health condition, etc. are to be mitigated and mitigated to determine the punishment of the defendant as the order and suspend its execution.

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