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(영문) 전주지방법원 2014.04.25 2014고단15

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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] The defendant is a person who had been sentenced to a fine of 2 million won in the same court on January 8, 2008 at the Jeonju District Court for the violation of the Road Traffic Act, etc., and on January 13, 201, at the same court on the same crime.

【Criminal Facts】

On December 21, 2013, at around 02:11, the Defendant driven a C Laren vehicle from the front day of the Hasheart in the front day of the Hashean-dong in the Jeonju-si to the front day of the Hasheon square in the same Dong while under the influence of alcohol content of 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (related to the application of the Tramark);

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of power), 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. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture, despite the past record of punishment several times due to drinking driving, is that the defendant committed the crime of this case again. However, the circumstances and the nature of the crime of this case are not less than that of the crime of this case. However, the defendant's confession and seriously reflects the crime of this case, the defendant's request for sale of the motor vehicle owned by the defendant is made for no longer driving after the crime of this case, and the defendant's motive and circumstance leading to the crime of this case, etc. are taken into account equally, the execution of imprisonment shall be suspended only once, and the probation, community service, and order to attend a lecture shall be determined by adding the order