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(영문) 광주지방법원 2014.04.30 2014고단1110
도로교통법위반(음주운전)
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

On February 10, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court, and on April 17, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court on September 12, 2012. On July 19, 2013, the Defendant was a person who completed the execution of the sentence at a wood prison on September 12, 2012. On July 15:08, 2013, the Defendant driving a 100-meter from the front day of the Dongdong Center located in Heakdong-dong located in Gwangju Northern-dong, Gwangju Northern-dong, 224-110, from the front day of the Dongdong Center located in the Jungdong-dong, Gwangju Northern-dong, 00 meters of blood alcohol concentration at 0.267% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police statement concerning D;

1. Descriptions of a report on detection of a host driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records, investigation reports, and current status of personal identification and confinement;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. It is so decided as per Disposition for the reason that discretionary mitigation is above Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, May 1, 20

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