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(영문) 광주지방법원 목포지원 2014.08.05 2014고단944
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 20, 2006, the Defendant had a blood alcohol concentration of 0.071% at the time of committing a crime of violation of the Road Traffic Act in the application of the wooden District Court of Gwangju District on December 20, 2006.

on November 27, 2007, the blood alcohol concentration at the time of the same crime in the same court was 0.083%.

on June 12, 2013, the blood alcohol concentration at the time of the same crime in the same court was 0.071%.

a person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of 2.5 million won.

【Criminal Facts of Crimes】 On June 5, 2014, at around 20:08, the Defendant driven the Defendant’s blood alcohol concentration of about 0.097% without a motorcycle driver’s license in a state of under the influence of 0.097% of the blood alcohol concentration in the front of the Defendant’s house located in Ham-gun, Chungcheongnam-gun, Ham-gun, in the same side of the day from the front of the Defendant’s house located in Ham-gun, Ham-gun to the front of the monthly sand distance in

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, 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 driving sound), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act (the point of driving a long-term bicycle without a license for driving a bicycle);

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

1. Selection of alternative imprisonment with prison labor (to take into account the fact that drinking and non-licensed driving have been done again before one year has elapsed since the punishment was imposed for driving under the influence of drinking);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the status of the criminal defendant, the status of the criminal defendant, family relationship, etc.);

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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