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(영문) 광주지방법원 목포지원 2014.11.07 2014고단1352
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 of the final judgment.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant, while under the influence of alcohol around 0.267% of blood alcohol concentration on May 20, 2014, driven the B wing-off freight vehicle at approximately 9km from the front of the Gannam-gun, Young-gun, Samnam-si, Sampo-si, to the side-side streets, which are in line with the unification of Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial report to a principal driver, and the Acts and subordinate statutes requesting appraisal;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act ( Consideration of the fact that the defendant has received respectively a fine of 1.5 million won for a year 2000, a fine of 1.5 million won for a drunk driving, etc., a fine of 1.5 million won for a year 2001, a fine of 700,000 won for a year 206, and the fact that the blood alcohol concentration is very high, etc.);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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