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(영문) 전주지방법원 2013.06.19 2013고단1260

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On April 4, 2008, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court on April 4, 2008, and a fine of two million won due to a violation of the Road Traffic Act (driving) in the same court on August 31, 2009.

On April 11, 2013, at around 22:03, the Defendant driven BM5 car under the influence of alcohol content 0.165% at a section of approximately 500 meters from the Do in front of the end of the city of the front day of the city of the front day to the road of the same Do and the front day of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a request for appraisal and a report on detection of a host driver;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (In consideration of the fact that the accused has no serious criminal record exceeding the fine),

1. Article 62 (1) of the Criminal Act (Discretionary of Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;