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(영문) 광주지방법원 목포지원 2015.05.07 2015고단186
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2007, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on July 2, 2007, and was sentenced to a suspended sentence of KRW 1 million on May 26, 2008 as a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (non-licensed driving) from the same support.

On February 13, 2015, at around 20:25, the Defendant driven a BFD car with a blood alcohol content of about 0.190% under the influence of alcohol without a car driver’s license from approximately 1 km section from the front side of the Yanwon cafeteria, Haakwon cafeteria, Seoul, to the front side of the Hanyang apartment located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drunk driving (Evidence No. 11 pages of evidentiary records);

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Application of investigation reports and statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act for probation and community service order are to recognize and reflect the defendant's mistake, the defendant has no record of criminal punishment since 2008, the defendant's age, character and conduct, family relationship, etc., and the execution of the sentence against the defendant is to be suspended on condition of probation.

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