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(영문) 광주지방법원 목포지원 2014.02.14 2013고단1891
도로교통법위반(음주운전)
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 of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On October 12, 2010, the Defendant had a blood alcohol concentration of 0.096% at the time of committing a crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court.

on February 16, 2012, the blood alcohol concentration at the time of the same crime in the same court was 0.060%.

a person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of one million won.

【Criminal Facts】 On November 27, 2013, the Defendant driven a B-coo vehicle under the influence of alcohol with approximately KRW 500 meters alcohol concentration of 0.179% at the same time from the front of the Mascoo-dong in the Mascoo-dong, to the front road of the Mascoo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of the driver, and a report on the status of the driver's operation;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (Attachment to previous records and copies of summary orders);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 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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