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(영문) 전주지방법원 남원지원 2013.12.03 2013고단240
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2013, at around 18:40, the Defendant driven C truck with a alcohol level of about 500 meters from the front road to the front road of the Abane in the Dong-dong of the same city, the Defendant driven C truck with a alcohol level of about 0.227% under the influence of alcohol level of about 50 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Application of Acts and subordinate statutes to a copy of notification of drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons 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 was subject to punishment several times due to drinking driving, refusal to measure drinking, etc., the Defendant committed the instant crime even though he had the record of being subjected to the suspended sentence on the crime that caused traffic accidents and refused to measure drinking, and in light of the state of drinking alcohol and the state of the Defendant’s drinking at the time of detection, etc., there is a need for strict punishment of the Defendant.

However, the execution of a sentence shall be suspended only once in consideration of the fact that the defendant is in a position to support the wife and her children, and that the defendant is expected not to dispose of and repeat the vehicle, etc., and the execution of the sentence shall be suspended only once, but it shall be decided as ordered by imposing probation, etc. to maintain the awareness about drinking driving and to prevent recidivism.

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