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(영문) 광주지방법원 목포지원 2014.02.21 2013고단1805
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On September 18, 2008, the Defendant had a blood alcohol concentration of 0.073% at the time of committing a crime of violation of the Road Traffic Act in the application of the Gwangju District Court for the wood application.

on September 27, 201, the blood alcohol concentration at the time of the same crime in the same court was 0.097%.

The blood alcohol concentration at the same court on July 2, 2013 was 0.117% 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 seven million won or more.

【Criminal Facts of Crimes】 around October 23, 2013, the Defendant driven a C-wing truck under the influence of alcohol of about 0.180% of alcohol content without obtaining a driver’s license in the section of about 10km from the Defendant’s dry field, which was located in Hagu-gun Village B, Hagu-nam, to the large intersection, located in the same sea area.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate 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 addition to the normal criminal power, consideration shall be given to the fact that there has been five-time fines from 2000 to 2013 due to drinking or unlicensed driving, and that the blood alcohol concentration has high, and that an accident has occurred);

1. Article 62 (1) of the Criminal Act on the suspended execution (such as the fact that the person is under suspension of execution, the fact that there is no record of suspended execution due to drinking or unlicensed driving, the fact that the person with a disability in Grade VI is the handicapped, the support of the wife of Cambodia's nationality and the child aged 6);

1. Probation, orders to provide community service and attend lectures, and the proviso to Article 62-2 (1) and (2) of the Criminal Act;

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