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(영문) 광주지방법원 목포지원 2014.03.14 2014고단81
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On September 25, 2006, the blood alcohol concentration at the time of the crime of violation of the Road Traffic Act at the Gwangju District Court of Gwangju was 0.165%.

The blood alcohol concentration at the time of the same crime in the Gwangju High Court on July 24, 2008 was 0.222%.

On December 6, 2012, 4 years of suspended execution, 2 years of imprisonment, and 0.12.6 December 2012, the Gwangju High Court joined the same crime, and the blood alcohol concentration at the time was 0.126%, 0.131%.

On April 9, 2013, a person who violated Article 44 (1) of the Road Traffic Act, such as being sentenced to six months of imprisonment, has completed the enforcement of the said imprisonment for six months in a wood prison.

【Criminal Facts】

1. Around 23:30 on December 2, 2013, the Defendant was driving a C-wing freight vehicle at the 2km section from the front of a restaurant where it is impossible to identify the trade name in the vicinity of the Pyeongtaek-gu Hamp-gun Hamp-gun in the state of alcohol concentration of 0.142%, while under the influence of alcohol, to drive a C-wing freight vehicle at the 2km section from the front of the mountain village in the front of the same military school.

2. Violation of the Road Traffic Act (Free Driver’s License) provided that the Defendant driven a C stud freight vehicle from the total area of about 6 km to the front road of the monthly mountain village in the same Gun via a restaurant where the trade name in the vicinity of the same Hamp-si in the same Hamp-gun, Pyeongtaek-gun without a driver’s license for the temporary border as specified in paragraph (1) is unknown.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes, such as criminal history records, correspondence records (A), - arrest assistance 2012 high-scale 176, investigation report (verification of the date of release), - Application of Acts and subordinate statutes, such as broad-scale 208 high-level 87

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. The Commercial Concurrent Crimes Act.

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