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(영문) 광주지방법원 목포지원 2014.01.24 2013고단1656
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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

On October 22, 2013, at around 19:10, the Defendant driven B Poter cargo with a blood alcohol content of about 0.138% at the section of about 20km from the road near the 19:10 U.S., Young-gun, Chungcheongnam-gu, Ham-gun to the front road of the Hamyeong-gu, Hamp-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Consideration of imprisonment, the selection of imprisonment, the fact that there has been three times of having been sentenced to a fine due to a drunk driving from 2001 to 2011, and the fact that the distance of a drunk driving is considerably long, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that he/she reflects gender, his/her wife and intellectual disability first-class disabled children, and support his/her students' two daughters);

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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