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(영문) 광주지방법원 2014.10.01 2014고단2678
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power, etc.] The Defendant is a person who was sentenced to imprisonment for five months with prison labor for a violation of the Road Traffic Act, etc. at a wooden branch of the Gwangju District Court on November 25, 2008, and was sentenced to four months for a violation of the Road Traffic Act at the Gwangju District Court on November 19, 2009 and was sentenced to imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on more than two occasions and violated Article 44 (1) of the Road Traffic Act.

【Criminal Facts】

On June 4, 2014, at around 19:57, the Defendant driven a D's automobile under the influence of alcohol with approximately 0.142% alcohol concentration at approximately 50 meters from the 19:57 U.S.-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to the roads front of the Agricultural Cooperative Mando-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, a traffic accident site, and photographs of vehicles;

1. A statement of the occurrence of each traffic accident (E, F);

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records: References to criminal records and the application of a copy of each written judgment;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. For the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, taking into account the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other various circumstances, such as the Defendant’s age, character and conduct, career, and environment as shown in the oral argument of the instant case: The negative factors that are against the order: The fact that there is a history of having been punished for drinking eight times after the date of 200, and that a drunk driving has again been conducted despite the fact that there was a history of having been sentenced to punishment.

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