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(영문) 전주지방법원 2014.01.03 2013고단2516
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 January 30, 2008, the Defendant was sentenced to a fine of 2.5 million won by the Jeju District Court for a violation of the Road Traffic Act, and on November 21, 2008, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act.

Criminal facts

On August 16, 2013, the Defendant, while under the influence of alcohol 0.068% of the blood alcohol concentration on August 21, 2013, driven approximately 800 meters from the Do in front of the Jeju Dol Dol, the Red Sea Dol, to the front road of the same new Jeju Dol Dol Dol Dol Dol Dol Dol Dol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a de facto driver (blood collection result);

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry inquiry, such as criminal history;

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, such as the amount of alcohol concentration in blood and the point of operating a vehicle after a considerable time has elapsed after drinking);

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

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

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