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(영문) 광주지방법원 목포지원 2013.09.06 2013고단896
도로교통법위반(음주운전)등
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 May 2, 2010, the Defendant had a blood alcohol concentration of 0.137% at the time of committing a crime of violation of the Road Traffic Act (driving on Drinking) in the application of the Gwangju District Court.

on April 20, 2012, the blood alcohol concentration at the same court was 0.158% at the time of the same crime.

a person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of KRW 4 million.

【Criminal Facts” around 22:00 on June 28, 2013, the Defendant, without a driver’s license, driven a bcoon car at a section of approximately 100 meters from the parking lot for a swinebow restaurant located in the Yaamamamamamamb, to the front road in the same Dong, while under the influence of blood alcohol content of 0.149% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and confirmation), and copies of each summary order under statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative imprisonment with prison labor (in the case of this case, consideration shall be given, such as the fact that a person drives a drinking motor vehicle three times during the latest three years, that the blood alcohol concentration is not lower in all three times, and that a person drives a motor vehicle without obtaining a license in this case);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the point of reflection, the age, career, etc. of the defendant);

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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