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(영문) 광주지방법원 목포지원 2013.07.25 2013고단730
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 17, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court on August 4, 2010; a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court on August 6, 2010; and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at a wooden branch of the Gwangju District Court on October 6, 2010; and on December 14, 2010, at a wooden branch of the Gwangju District Court on December 14, 201, a person who violated Article 44 (1) of the Road Traffic Act (hereinafter referred to as a suspended sentence of two years for a violation of the Road Traffic Act) at least twice.

피고인은 2013. 4. 14. 23:10 무렵 전남 무안군 삼향읍 남악리에 있는 ‘뻘통낙지’ 식당 근처 도로부터 같은 리에 있는 오룡마을 휴먼시아아파트 207동 지하주차장에 이르기까지 약 500m 구간에서 혈중알코올농도 0.080%의 술에 취한 상태로 B 소나타 승용차를 운전하였다.

Summary of Evidence

Application of Acts and subordinate statutes to Defendant’s legal statements, reports on detection of host drivers, inquiry reports, and copies of written judgments

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

2. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act.

3. Article 62 (1) of the Criminal Act;

4. Order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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