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(영문) 전주지방법원 2015.05.26 2015고단106

도로교통법위반(음주운전)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2007, the Defendant received a summary order of KRW 5 million from the Jeonju District Court due to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On September 25, 2012, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on December 12, 2013, respectively.

On January 11, 2015, at around 21:20, the Defendant driven a private loan in Geumjin-gu, Geumjin-gu, Geumjin-gu, Seoul, with the front of the road, and the front of the Gu unit from around 2km to the front of the 641 water delivery station, with approximately 0.181% of blood alcohol concentration, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. The circumstantial statement of the employee;

1. Response to the request for appraisal;

1. A report on detection of a host driver;

1. Previous records: Application of criminal records and other inquiries and investigation reports (a copy of a summary order)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that he/she seriously reflects wrongs and the fact that he/she has no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;