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(영문) 광주지방법원 목포지원 2012.10.11 2012고합176
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 25, 2006, the Defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on September 25, 2006, and on July 24, 2008, the Gwangju High Court sentenced the suspension of execution for two years and six months for a crime of violation of the Road Traffic Act at the Gwangju High Court on July 24, 2008, and was sentenced to a suspended execution for at least two times.

[2012Gohap176] On August 4, 2012, the Defendant driven a 30km freight vehicle at the section of 20km from around 30km to the road located in the same Eup/Myeon from the Hamyeong-gun, Hamyeong-gun, Hamyeong-gun, in the influence of alcohol content 0.126% under the influence of alcohol content on August 4, 2012.

[2012Gohap189] On June 24, 2012, the Defendant driven B string-off freight at the 15km section from the front of the Hamart located in the Hamar-gun, Hamyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, in the influence of alcohol content of 0.131%, at around 22:00, to the front of the sports wave in the front of the sports wave located in the Hamn-gun, Yan-gun, Yan-gun, Yan-gun.

Summary of Evidence

【2012 Gohap176】

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Records of judgment: Criminal records and other inquiries, and investigation reports (Attachment to judgment of sound driving), 2012 high-liability 189);

1. Statement of the accused in the first protocol of trial (Jinju District Court Decision 2012 Highest 939 (No. 2012 Highest 939);

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. From among concurrent crimes, the punishment for concurrent crimes shall be aggravated to the extent that the sum of the long-term punishment for a violation of the Road Traffic Act as of August 4, 2012, which was prescribed by the former part of Article 37, Articles 38 (1) 2, and 50 (the heavier punishment) of the Criminal Act, is added to the punishment for concurrent crimes;

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation (a favorable circumstance among the following reasons for sentencing).

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