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(영문) 전주지방법원 2014.01.27 2013고단2598

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 27, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jeonju District Court on October 19, 201, and a suspended sentence of two years for the same offense at the same court on October 27, 2010, respectively.

On November 13, 2013, at around 20:55, the Defendant, from the Do in front of Kim Jong-si Kim Jong-si to the Do in front of the Do in Kim Jong-si, driven a DNA car fladon in a state of 0.130% alcohol concentration at approximately 10k away from the Do in front of Kim Jong-si to the front of the Doponomian Party in Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry reports, such as criminal records, and investigation reports (reports on criminal records of the same kind as suspects)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of circumstances in which a person drives under the influence of sound and frequency of the same electric power);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;