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(영문) 광주지방법원 해남지원 2014.11.12 2014고단264
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 November 13, 2008, the defendant was sentenced to a suspended sentence of two years in August 2008 by imprisonment with prison labor for the violation of the Road Traffic Act in the Gwangju metropolitan District Court's branch office.

1. On September 10, 2014, at around 20:55, the Defendant driven B chip truck with approximately 200 meters alcohol level of 0.106% in the 200m section from the road of the 13-3 Dondon-Don-si, Chungcheongnamdon-do, Seoul, to the road of the 78-3 front of the Dondondon-gun, Jeondon-do.

2. The defendant is a person who has violated Article 44(1) of the Road Traffic Act not less than twice.

On September 15, 2014, at around 20:25, the Defendant driven B Poter truck under the influence of alcohol with approximately 0.084% of alcohol alcohol level from the 200 meters away from the 56-lane of Yado-Eup, Yado-Eup, Yado-si, to the front day of the camping road, plants located in the 56-lane of Yado-do-Eup, Yado-do-Eup, Yado-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and the circumstantial statement of each drinking driver;

1. A written statement prepared in C;

1. Previous convictions indicated in the judgment: Application of each of the criminal records, inquiry reports, and summary order Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol and imprisonment as of September 10, 2014), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on September 15, 2014, and the choice of imprisonment) in relation to criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that the defendant's name and behavior, family environment, and various circumstances, such as the age, character

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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